Weights and Measures Regulations

Weights and Measures Regulations [Repealed, SOR/2017-198, s. 2] In these Regulations, acceptance limits of error means the limits of error that apply to a device when the performance of the device is tested at the time the class, type or design of that device is evaluated for approval; at the time the device is examined before its first use in trade; at the time the measuring elements of the device are overhauled or repaired following the failure of the device on examination to measure within the applicable limits of error; or at any time within 30 days after the time referred to in paragraph (b) or (c); (marge de tolérance à l’acceptation) Act means the Weights and Measures Act; (Loi) automatic weighing device [Repealed, SOR/2005-130, s. 1] Canadian unit means a unit of measurement set out in Schedule II to the Act; (unité canadienne) examination mark means a mark that indicates the year in which a device was examined; (marque d’examen) examination sticker means a self-adhesive label that indicates the month and year in which a device was examined and, if applicable, the month and year of the next examination required under section 15 of the Act, as determined in accordance with section 29; (étiquette d’examen) height means, with respect to the height of a letter, the height of an upper case letter where words appear in upper case and the height of the lower case letter “o” where words appear in lower case or in a mixture of upper and lower case; (hauteur) in-service limits of error means the limits of error that apply to a device when the performance of the device is tested at any time other than a time referred to in the definition of acceptance limits of error; (marge de tolérance en service) inspection mark[Repealed, SOR/2014-111, s. 1] Measurement Canada office means any office of the Department of Industry for use by persons employed in the administration of the Act; (bureau de Mesures Canada) measuring tank means a tank for use in trade for measuring the volume of liquid received or delivered, and includes a fixed, portable or vehicle-mounted tank; (réservoir jaugeur) metric unit means a unit of measurement set out in Schedule I to the Act; (unité métrique) non-automatic weighing device [Repealed, SOR/2005-130, s. 1] packing device means a device that, as part of a mechanical packaging system, measures a predetermined quantity of commodity without recording the measurement of each quantity of commodity measured by the device or without being operated by a person who observes or records the measurement of each quantity of commodity measured by the device; (instrument d’emballage) previous enactment means any Act of Parliament relating to weights and measures, and any regulations made under that Act, enacted prior to the Weights and Measures Act, S.C. 1970-71-72, c. 36; (texte législatif antérieur) standard quantity commodity means a commodity that is part of a lot made up of the same commodity, with identical net quantity statements; (marchandise à quantité standard) tank[Repealed, SOR/2014-111, s. 1] vehicle tank means a measuring tank that is mounted on a vehicle other than a vehicle for railway use. (réservoir sur véhicule) weights and measures office [Repealed, SOR/2005-297, s. 1] The following definitions apply in this Part and in Schedule I. downstream petroleum trade means the trade of refined petroleum products and liquid alternative fuels between petroleum refineries, gas processing facilities, wholesalers, retailers and commercial customers. (commerce pétrolier aval) fishing products means finfish, shellfish, marine vegetation and marine animals, including seals but no other furry marine animals, that are obtained from ocean or inland waters or aquaculture farms, and the products and by-products of their processing. (produits de la pêche) forestry products means trees, logs and firewood; wood by-products other than methyl alcohol and wood resins; and paper, other than recycled paper in its untreated form. (produits forestiers) grain and field crop products and services means cereal grains, oil seeds, grain corn, wheat, forage, hay, dry field peas, beans and seeds for those crops; feed grains and other animal foods processed by feed mills; and grain storage services offered in grain elevators. (grains, grandes cultures et services connexes) mining products means metal and non-metal ores, refined ores and their transformed products, as well as refined precious metals and precious stones, but does not include scrap metal, products produced from the subsequent refining of precious metals and precious stones and, if used for construction, sand, gravel, stone and concrete products. (produits miniers) retail food trade means the retail trade of food by retail food stores, including grocery stores, supermarkets, delicatessens, ethnic food stores, natural food stores, butcher shops, farmers’ markets, fish and seafood retailers, fruit and vegetable retailers, coffee retailers and specialty candy and nuts retailers. (commerce au détail des aliments) retail petroleum trade means the retail trade of liquid refined petroleum products and liquid alternative fuels. (commerce pétrolier au détail) A class, type or design of device is exempt from the Act where the class, type or design is subject to verification pursuant to the Electricity and Gas Inspection Act; or designed for use and used only in laboratories or in scientific study and not approved pursuant to section 3 of the Act. A device is exempt from the Act if it is used exclusively for gauging and strapping tanker ship holds or tanks that have a capacity of more than 55,000 litres and that are used in the downstream petroleum trade; or gauging ship holds that are used in the wholesale trade of mining products. The following classes or types of devices are exempt from section 8 and subsection 15(1) of the Act: water meters; parking meters; taxi meters; odometers of motor vehicles; coin-operated machines for weighing persons; payment-operated machines that dispense a predetermined quantity of liquid and that do not register by a mechanical or an electrical indicator the quantity of liquid dispensed; clocks, watches, chronometers and other time measuring devices; milk measuring tanks for farm use; measuring tanks mounted on railway cars; measuring tanks that have a capacity in excess of 55 000 L or 12,000 gallons; meters for the measurement of grease and other commodities having flow properties similar to grease; static measures that are used as containers in which a commodity is sold or offered for sale; packing devices; weighing machines designed for use in laboratories, scientific study or weighing precious metals and that are used for weighing precious metals or other commodities of comparable value, if they conform to applicable specifications for performance, installation and use established by these Regulations and if, prior to December 31, 1981, they are examined and certified as meeting such specifications; linear static measures; and devices used in the downstream petroleum trade to measure liquids carried in a permanent closed piping system, either to or from a place where they are processed, treated or stored, other than to a place where the product is consumed or processed and is no longer considered a hydrocarbon. A device is exempt from section 8 and subsection 15(1) of the Act if it is used exclusively to weigh or measure standard quantity commodities; or crude petroleum products. A measuring tank is exempt from paragraph 8(a) and subsection 15(1) of the Act if it conforms to applicable specifications relating to design, composition, construction and performance set out in Divisions I, V, X and XII of Part V and any additional specifications established under section 13. A device is exempt from paragraph 8(b) and subsection 15(1) of the Act if it is used exclusively in the wholesale trade of gold, silver or diamonds, after initial refining. Subject to subsection (2), a meter register approved under section 3 of the Act that has no means, or has means that are not in use, of automatic temperature, pressure or density compensation is exempt from paragraph 8(b), subsection 15(1) and paragraph 26(1)(c) of the Act if it is installed as a replacement register on a volumetric liquid meter that has previously been examined and certified for the purposes of paragraph 8(b) of the Act. Subsection (1) does not apply to a register that is altered to operate with automatic temperature, pressure or density compensation. Subject to subsection (2), section 8, subsection 15(1), section 23, paragraph 24(b) and section 33 of the Act do not apply in respect of a trade transaction if the parties give written notice to the Minister that a device approved for use in trade or approved for use in the particular manner or for the particular purpose contemplated by them is not available to them for use in their intended trade transaction; they wish to use in their intended trade transaction a device other than one referred to in paragraph (a); and it would be impractical or unreasonably expensive to obtain approval for the class, type or design of device that they wish to use in their intended trade transaction or to comply with the examination requirement under paragraph 8(b) or subsection 15(1) of the Act. A trade transaction referred to in subsection (1) is not exempt from the provisions of the Act referred to in that subsection unless the parties referred to in subsection (1) furnish to the Minister such information as the Minister requires relating to the device that the parties wish to use; the device that the parties wish to use conforms to all requirements of the Act and these Regulations, except the specifications relating to design, composition, construction and performance; the parties have entered into a written contract not exceeding three years in duration respecting the use of the device that the parties wish to use in the intended trade transaction showing the limits of error applicable to the device and to the commodities to be measured by the device, the means to be used for calibrating the device, and the intervals at which that device will be calibrated; the parties have forwarded to the Minister a true copy of the part of the contract dealing with the use of the device; and the device that the parties wish to use measures within the limits of error referred to in subparagraph (c)(i). Subject to section 10, a device that has been examined and certified under a previous enactment but not approved pursuant to section 3 of the Act is exempt from paragraph 8(a) of the Act. Subject to section 10, a device or class, type or design of device that has been approved for use in trade under a previous enactment is exempt from paragraph 8(a) of the Act. Subject to subsection (2), where a device or class, type or design of device approved pursuant to subsection 3(1) of the Act or under a previous enactment, or a device examined and certified by an inspector on or before December 31, 1989, is altered to measure in terms of any units of measurement set out and defined in Schedule I of the Act, the device or class, type or design of device is exempt from paragraph 8(a) of the Act if the device or class, type or design of device as altered conforms to applicable specifications relating to design, composition, construction and performance set out in Part V and any additional specifications established pursuant to section 13; or applicable specifications relating to design, composition, construction and performance in force at the time the device was initially examined and certified by an inspector or when the device or class, type or design of device was approved. Subsection (1) does not apply in respect of any device or class, type or design of device approved on a temporary basis pursuant to subsection 3(2) of the Act. A static measure examined and certified by an inspector on or before December 31, 1989 is exempt from paragraph 8(a) of the Act. A device or class, type or design of device is exempt from paragraph 8(a) of the Act if every part of the device that can have an effect on the accuracy of the device or class, type or design of device is approved pursuant to section 3 of the Act. The following devices are exempt from subsection 19(2) of the Act: static measures; and weights that do not have lead plugs that have been marked in accordance with paragraph 30(3)(d). Since January 1, 1976, static measures that are not for use in trade are exempt from paragraph 26(1)(b) of the Act. The classes, types or designs of devices described in subsection 4(1) are exempt from subsection 26(2) of the Act. The notice to the Minister referred to in subsection 26(2) of the Act shall be in writing, shall be directed to the nearest Measurement Canada office within 10 days after the device is imported and shall contain the following information: the name and Canadian address of the importer; the date of entry of the device into Canada; the port of entry of the device; a description of the device sufficient to enable an inspector to identify it; if more than one device is imported, the number of devices imported; the address at which the device may be examined; whether the device is of a class, type or design approved for use in trade, and if so, the approval number referred to in paragraph 17(c) for that class, type or design of device; and whether the device has been marked in accordance with these Regulations. In addition to the specifications set out in Part V, the Minister may establish specifications relating to the design, composition, construction and performance to which any device or class, type or design of device shall conform before it may be approved pursuant to section 3 of the Act. [Repealed, SOR/2005-297, s. 3] A device or class, type or design of device is exempted from the application of any or all of the provisions of the specifications set out in Part V or established under subsection (1) if the provision or provisions are inapplicable or inappropriate taking into account the distinctive characteristics of the design, composition and construction of the device or class, type or design of device, or the use for which the device or class, type or design of device is to be approved pursuant to section 3 of the Act; or the device or class, type or design of device provides a degree of accuracy and security that is at least equivalent to the degree provided by a device or class, type or design of device that meets the requirements of the provision or provisions of the specifications. Where a device or class, type or design of device is exempted from the application of any or all of the provisions of the specifications set out in Part V or established under subsection (1), the exemption shall be set out in the notice of approval issued pursuant to section 3 of the Act. An application for the approval of a device, or of a class, type or design of device for use in trade shall be made in writing to the Minister and shall contain the following information: a description of the commodity that a device of that class, type or design is designed to measure; the different units of measurement registered by a device of that class, type or design; the range of flow rate or capacity of a device of that class, type or design; and where the manner of installation or use affects the performance of a device of that class, type or design, the manner in which the device is to be installed or used. The application referred to in section 14 shall be accompanied by duplicate copies of test data relating to the actual service performance of the device or to the simulated service performance of the device; the principal drawings and specifications to be used by the manufacturer in assembling, testing and, where applicable, installing devices of that class, type or design; and the promotional material, bulletins, brochures, instructions and other information distributed or intended for distribution to purchasers or prospective purchasers of a device of the class, type or design to which the application relates. A person who submits an application under section 14 shall, when requested to do so by the Minister, supply to the Minister such additional information, test data, drawings or specifications as are necessary to enable the Minister to deal with the application. On the request of the Minister and under any conditions that may be specified by him or her, the applicant shall make available to the Minister one or more devices of the class, type or design to which the application relates, together with any information, equipment, material and services that are required to evaluate the device for approval. Where the Minister approves a class, type or design of device for use in trade, he shall issue to the applicant therefor a written notice of approval containing the following information: a description of the class, type or design of device approved; the date of approval; the approval number assigned to the class, type or design of device approved; where a class, type or design of device is approved for use in trade for a specific purpose only, the specific purpose for which it may be used and the purpose for which its use is prohibited; where a class, type or design of device is approved for use in trade in a specific manner only, the specific manner in which it may be used and the manner in which its use is prohibited; such information relating to specifications for installation or use of a device of the class, type or design approved as the Minister considers necessary; the markings that are required to be shown on a device of that class, type or design; and such other information as the Minister considers necessary. With the exception of devices to which the Specifications Relating to Non-automatic Weighing Devices (1998) or the Specifications Relating to Timber Dimension Measuring Devices apply, the information required by these Regulations to be marked on a device shall be marked on the device; on a plate or plates permanently affixed to the device; partly on the device and partly on a plate or plates that are permanently affixed to the device; or in the case of a device not large enough to accommodate the required information in the manner referred to in paragraph (a), (b) or (c), on a notice attached to or displayed in close proximity to the device. If information is marked on a plate, a suitable area of not less than 12 mm by 25 mm shall be left blank on the plate for the examination mark referred to in section 30 and the plate shall be made of a durable material and shall be located and mounted so that it can be stamped with a steel die. The information required by these Regulations to be marked on the device shall be shown in numbers or letters that are permanent; clear; of a height reasonably appropriate to the size of the device and, unless otherwise specified in these Regulations or in specifications established by the Minister, in numbers or letters of not less than 3 mm or 1/8 inch in height; and located in such a place as to be readily legible by a person using the device under normal conditions of use. When numbers are used with letters or in place of letters on any marking on a device, the size and height of the numbers shall correspond to the size and height of the letters used or required to be used thereon by these Regulations. Before being sold or otherwise disposed of, or leased, a static measure that is of a class, type or design approved for use in trade and that is manufactured on or after January 1, 1976 shall be marked with the following information: the name or registered trademark of the manufacturer or importer of the measure; the approval number for that class, type or design of measure; the capacity of the measure expressed in terms of the appropriate unit of measurement; the words “Legal for Trade” (“Légal pour le commerce”); and any other information required to be marked on the device by the notice of approval. Before being sold or otherwise disposed of, or leased, a weight that is of a class, type or design approved for use in trade shall be marked with the following information: the number of units of mass or weight that the weight contains; in the case of a counterpoise weight used as part of a weighing machine, the number of units of mass or weight to which the weight is equivalent when used as a counterpoise with the weighing machine of which it forms a part; in the case of a weight of 1 gram or multiple or submultiple thereof, the word “gram” or its symbol “g”, together with the appropriate prefix or symbol as set out in Part V of Schedule I to the Act; in the case of a weight of 1 troy ounce, or multiple or submultiple thereof, the word “troy” or its abbreviation; and in the case of a weight of any avoirdupois unit or multiple or submultiple thereof that is manufactured or imported after January 1, 1976, the name of the unit or the symbol or abbreviation for the unit. Paragraphs (1)(c), (d) and (e) do not apply to a weight that is so small that it is impracticable to show the information required by those paragraphs. Paragraph (1)(a) does not apply to sheet metal or wire weights of 1 milligram or multiples or submultiples thereof, or sheet metal or wire weights of 1 grain or multiples or submultiples thereof if the weights are manufactured in the customary distinctive shapes to denote the multiple or submultiple of the milligram or grain that the weight represents. Before being sold or otherwise disposed of, or leased, a weighing machine or measuring machine that is of a class, type or design approved under 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 under section 3 of the Act, shall be marked with the following information: the name of the manufacturer or importer of the machine, equipment or accessory; the model number and serial number of the machine, equipment or accessory; the approval number of the machine, equipment or accessory; in the case of a volumetric liquid meter, the minimum and maximum flow rates, and 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; in the case of a weighing machine, the maximum load that may be weighed on the machine; in the case of any equipment or accessory, the range for which it was approved pursuant to section 3 of the Act; and any other information that is required by the notice of approval issued pursuant to section 3 of the Act. Subsection (1) does not apply to weighing machines or measuring machines to which the Specifications Relating to Non-automatic Weighing Devices (1998) or the Specifications Relating to Timber Dimension Measuring Devices apply. Before being sold or otherwise disposed of, or leased, a weighing machine or measuring machine that is of a class, type or design approved under section 3 of the Act and that is referred to in subsection 28(2) shall be marked “Not for Use in Trade until Examined” (“Ne pas utiliser dans le commerce avant l’examen”) or shall be marked with words that convey the same meaning, and those markings shall be in letters of not less than 12 mm in height and shall remain on the device until it has been examined and is found to meet the requirements of the Act and these Regulations. Before being sold or otherwise disposed of, or leased, a weighing machine or measuring machine that is not of a class, type or design approved under section 3 of the Act and that is not exempt from approval under that section shall be marked “Not Legal for Trade” (“Non légal pour le commerce”) in letters of not less than 6 mm in height. A device described in paragraph 4(2)(a) shall be marked “For Prepackaging Use Only” (“Pour préemballage seulement”) in letters of not less than 6 mm in height. Before being sold or otherwise disposed of, or leased, a measuring tank that is of a class, type or design approved under section 3 of the Act shall be marked with the following information: the name of the manufacturer or importer of the measuring tank; the model number and serial number of the measuring tank; the approval number for that class, type or design of measuring tank; the maximum capacity of the measuring tank; in the case of a measuring tank that contains one or more internal capacity indicators, the capacity of the measuring tank at the level of each indicator and where there is more than one indicator, the various capacities shown in descending order; in the case of a measuring tank that has been calibrated to a valve located immediately at the outlet of the measuring tank or that has been calibrated to an emergency valve, the words “dry line calibration” (“calibré avec tuyauterie vide”); in the case of a measuring tank that has not been calibrated as set out in paragraph (f), the words “wet line calibration” (“calibré avec tuyauterie pleine”); and in the case of two or more measuring tanks installed on a vehicle, a number or letter in an identifiable sequence commencing with the tank closest to the front of the vehicle and proceeding to the tank closest to the rear of the vehicle. Where two or more measuring tanks are installed on a vehicle, the information required by paragraphs (1)(a) to (g) may appear in one location if the tanks are identified in accordance with paragraph (1)(h) and the information is correlated to the number or letter shown on the tank. The information required by paragraphs (1)(f), (g) and (h) shall be shown in numbers or letters of not less than 12 mm or ½ inch in height. Every internal capacity indicator in a measuring tank shall be marked in numbers or letters at least 6 mm or ¼ inch in height to show the capacity of the tank at the level of the indicator; or to identify the indicator. Where the internal capacity indicator is identified in accordance with paragraph (4)(b), the identification and the capacity of the measuring tank at the level of that indicator shall be shown on the outside of the neck or fill opening of the measuring tank in numbers or letters of at least 12 mm or ½ inch in height. When two or more measuring tanks are installed on a vehicle, the discharge valve for each tank shall be marked in numbers or letters of not less than 6 mm or ¼ inch in height to show the tank from which the commodity is discharged. Before being sold or otherwise disposed of, or leased, for a use other than use in trade, a weighing machine or measuring machine that is of a class, type or design approved under section 3 of the Act shall be permanently marked “Not for Use in Trade” (“Ne pas utiliser dans le commerce”) in letters of not less than 12 mm in height. Where a trader has in his possession any device that is of a class, type or design approved for use in trade but that is not in his possession for use in trade, the trader shall, for the purpose of section 36 of the Act, mark the device “Not for Use in Trade” (“Ne pas utiliser dans le commerce”) or shall mark the device in words that convey the same meaning and the marking shall be in letters of not less than 12 mm or ½ inch in height. In addition to the specifications set out in Part V, the Minister may from time to time establish specifications relating to the installation and use of any device or class, type or design of device for use in trade. For the purposes of paragraph 26(1)(c) of the Act and subject to subsections (2) and (3), a device that is of a class, type or design approved under section 3 of the Act or that is described in section 8, other than a static measure or a device described in subsection 4(2), shall not be sold or otherwise disposed of, or leased, unless the device is manufactured in Canada and the manufacturer has had it examined by an inspector; or the device is imported into Canada and the dealer who imported the device has had it examined by an inspector. Subsection (1) does not apply to any device, the performance of which cannot be examined until the device is installed for use in trade, if the dealer marks the device in the manner set out in section 22; within five days after shipping the device, sends to the nearest Measurement Canada office a notice in writing containing the dealer’s name and address, the name of the person to whom the device was shipped, a description of the device, and the address of the place where the device is to be installed; and advises the trader that the device must be examined by an inspector before it is used in trade. Subsection (1) does not apply in respect of a device that is to be sold or otherwise disposed of, or leased, for a use other than use in trade if the dealer marks the device in the manner set out in section 25; and within five days after selling or otherwise disposing of, or leasing, the device, sends to the nearest Measurement Canada office a notice in writing containing the name and address of the person to whom the device was sold or otherwise disposed of, or leased, and a description of the device, including the approval number, serial number and model number. For the purpose of subsection 15(1) of the Act, a trader who uses or possesses for use a device set out in column I of Part I of Schedule I, in the category of trade set out in column II, shall cause the device to be examined within the period set out in column III, counting from the day on which the most recent certificate showing that the device meets the requirements of the Act and these Regulations was issued following the examination referred to in paragraph 8(b) of the Act, before the first use in trade of the device; or section 15 or 15.1 of the Act. If a device falls under more than one item of Part I of Schedule I, the shortest period set out in column III for those items applies for the purposes of subsection (1). For the purpose of subsection 15(2) of the Act, the Minister may grant to a trader an extension of a period established under subsection 29(1) if the trader sends to the nearest Measurement Canada office a written request containing the trader’s name and address, the address where the device is located, if different from that referred to in subparagraph (i), the device’s make, model and serial number, the range of the flow rate or the maximum load that may be measured by the device, the date of the most recent regulatory examination of the device, a description of the purpose for which the device is used, sufficient to determine the category of trade in which it is used, the reason for the extension request, the efforts made to comply with the period, and the duration of the extension being requested, not to exceed one year; the trader establishes that circumstances beyond their control make it impossible to have the device examined within the period; and the trader has not previously been granted an extension of the period. An inspector who, for the purposes of paragraph 8(b) or 26(1)(c) of the Act, examines a device and determines that it meets the requirements of the Act and these Regulations shall mark the device or the container in which the device is stored when not in use with an examination mark in accordance with subsections (2), (3) and (4). A device referred to in subsection (1) shall be marked by means of a steel die or, if that is not possible, by means of a sticker. The examination mark shall be placed, in the case of a weighing or measuring machine to which a plate is permanently affixed, on the blank area referred to in subsection 18(2) or, if that is not possible, close to the plate; in the case of a weighing or measuring machine to which no plate is permanently affixed, on a part of the machine where it will be readily legible to a person using the machine under normal conditions of use; in the case of a weight that has a lead plug, on the lead plug; and in the case of a weight that does not have a lead plug, on any appropriate part of the weight. Despite subsection (3), if a device is so small that it cannot be marked in accordance with that subsection, the examination mark shall be placed on the container in which the device is stored when not in use. An inspector who marks a weighing or measuring machine with an examination mark under section 30 shall also place an examination sticker on the device. An inspector who, under section 15 of the Act, examines a weighing or measuring machine set out in column I of Part I of Schedule I that is or is to be used in the category of trade set out in column II or who, under section 15.1 of the Act, examines a weighing or measuring machine that is or is to be used in trade and, in either case, determines that the machine meets the requirements of the Act and these Regulations shall mark the machine by placing on it an examination sticker. An inspector who, under paragraph 17(1)(b) or subsection 21(2) of the Act, examines a weighing or measuring machine that is or is to be used in trade and determines that it meets the requirements of the Act and these Regulations shall mark the machine by placing on it a sticker bearing the examination mark. An inspector who, under section 15 of the Act, examines a weight set out in column I of Part I of Schedule I that has a lead plug and that is or is to be used in the category of trade set out in column II or who, under section 15.1, paragraph 17(1)(b) or subsection 21(2) of the Act, examines a weight that has a lead plug that is or is to be used in trade and, in either case, determines that the weight meets the requirements of the Act and these Regulations shall mark the plug with an examination mark by means of a steel die; or if the weight is so small that this is not possible, place an examination mark on the container in which the weight is stored when not in use. For the purpose of paragraph 19(2)(a) of the Act, the seal that shall be attached by an inspector who marks, as prescribed by section 30 or 31, a volumetric liquid meter, measuring tank or electronic device, other than a device to which the Specifications Relating to Non-automatic Weighing Devices (1998) or the Specifications Relating to Timber Dimension Measuring Devices apply, shall be of the self-adhesive, self-locking or lead-and-wire type. Subject to subsection (2), the owner or person in possession of a device shall ensure that the location of the device, or access to it by customary means, is such that an inspector is able to examine the device, including performing a thorough visual examination of it and its components; to verify the sealing means on the device and to seal it; and to transport and to manoeuvre by customary means the local standards and other equipment necessary for performing the examination. Subsection (1) does not apply if the owner or person in possession of the device agrees to put at the inspector’s disposal the necessary facilities and to supply the necessary labour, test products, standards calibrated in relation to a relevant local standard and any other equipment necessary for examining and sealing the device; or on the request of the inspector, to remove the device to a suitable location and to supply the necessary equipment, material and services for examining and sealing the device. [Repealed, SOR/2005-130, s. 5] A device shall be maintained in proper operating condition and, where cleanliness can affect its performance, shall be kept clean. Where a device has a means of adjustment, an adjustment shall be made only to correct the condition that the adjustment is designed to correct and shall not be used to compensate for faulty installation or for worn or defective parts. A person who alters, adjusts or repairs a device in a way that may affect the accuracy of measurement shall also take steps to ensure that the device is calibrated immediately after the alteration, adjustment or repair so that the measurement error is as close to zero as possible within the normal operating range of the device. Where an inspector determines that a static measure that is or is to be used in trade does not meet the requirements of the Act and these Regulations, he shall deface any markings referred to in paragraphs 19(b) and (d). [Repealed, SOR/90-118, s. 11] This section and section 39 do not apply to a class or type of device referred to in subsection 4(1) or to a device used in a trade transaction referred to in section 7. Where a trader installs or causes to be installed for use in trade a volumetric liquid measuring machine as part of a receiving or dispensing system, or any other device that, before it is used, is installed on a base, foundation, frame or other means of support, or is incorporated into a structure or system specifically made or prepared for the device, and the manner of installation can affect the performance of the device, the trader shall, within five days after the date of the installation, make a report in writing to the nearest Measurement Canada office containing the following information: the name and address of the trader; the make, model and serial number of the device; the range of flow rate or capacity of the device; and the address and description of the place where the device is installed. If a device described in subsection (2) has been removed from its installation and is installed again, the trader who owns the device or has it in their possession for use in trade shall, within five days after the date of the installation, make a report in writing to the nearest Measurement Canada office containing the information required by subsection (2) and the address and description of the place where the device was previously installed. Where a trader acquires a measuring machine for use in trade that is part of a receiving or dispensing system installed on a vehicle, he shall make a report in writing to the nearest Measurement Canada office within five days from the date of the acquisition containing the following information: the make, model and serial number of the machine; the range of flow rate or capacity of the machine; the make, fleet and unit number of the vehicle on which the machine is installed; the address, if known, at which the machine was located prior to the acquisition; and the new address at which the machine can be examined. If a trader who owns or has in their possession for use in trade a measuring machine described in subsection (1) changes the address at which the machine can be examined, they shall, within five days after the date of changing the address, make a report in writing to the nearest Measurement Canada office containing the information required by paragraphs (1)(a), (b), (c), (d) and (f) and the address at which the machine could have been examined before the change of address. A device that is of a class or type referred to in subsection 4(1) or a device used in a trade transaction referred to in section 7 is exempt from paragraphs 29(a) and (b) and section 30 of the Act. The written notice referred to in subparagraph 29(a)(ii) of the Act shall be forwarded to the nearest Measurement Canada office within five days from the date of the repair of the device and shall contain the following information: the name and address of the person who made the repair; the name and address of the person to whom the repaired device will be sent; if known to the person who made the repair, the address of the place where the device will be located for examination, if that address is different from the address referred to in paragraph (b); the date of completion of the repair; the range of flow rate or capacity of the device; a description of the repair made; a description of the tests made after the repair to determine the accuracy of the device, the results of such tests and the equipment used for the testing; [Repealed, SOR/81-623, s. 1] whether the person who made the repair removed or broke or found removed or broken any marking, tag or seal placed on or attached to the device by an inspector or a person who had previously adjusted, altered or repaired the device, and, where possible, a description of such marking, tag or seal; and where the person who made the repair removed or broke or found removed or broken any seal, whether he replaced it with another seal and, if so, a description of that seal and the number of the seal, if any. Where a person repairs a device that is or is to be used in trade without taking possession of it or adjusts or alters such a device, whether or not he takes possession of it, and the alteration, adjustment or repair is of a nature that may affect the accuracy of the device or may result in its no longer being of a class, type or design approved for use in trade, he shall, within five days after the date of the alteration, adjustment or repair, report the following information to the nearest Measurement Canada office: his name and address; the name and address of the person who has possession of the device; the address of the place where the device is located if that address is different from the address referred to in paragraph (b); the date of completion of the alteration, adjustment or repair; a description of the alteration, adjustment or repair made; a description of the tests made after the alteration, adjustment or repair to determine the accuracy of the device, the results of such tests and the equipment used for such testing; [Repealed, SOR/81-623, s. 2] whether the person who made the alteration, adjustment or repair removed or broke or found removed or broken any marking, tag or seal placed on or attached to the device by an inspector or by a person who had previously altered, adjusted or repaired the device and, where possible, a description of such marking, tag or seal; and where the person who made the alteration, adjustment or repair removed or broke or found removed or broken any seal, whether he replaced it with another seal and, if so, a description of that seal and the number of the seal, if any. A report under subsection (1) shall be in writing, but an inspector may authorize the report to be made verbally, in which case the report shall be made verbally. The report referred to in paragraph 30(2)(b) of the Act shall be in writing, shall be forwarded to the nearest Measurement Canada office within five days of the removal of any marking or tag or breaking of any seal, or the discovery of the removal of any marking or tag or breaking of any seal, and shall contain the following information: the date on which the marking or tag was removed or was discovered to have been removed; the date on which the seal was broken or was discovered to have been broken; the circumstances, if known, of the removal of the marking or tag or of the breaking of the seal; a description, where possible, of the marking or tag that was removed or discovered to have been removed, and of the seal that was broken or discovered to have been broken; and a description of any seal and the number of the seal, if any, that was installed to replace the missing seal. For the purpose of section 16 of the Act, the adjustments or alterations that an inspector may make to a device are such adjustments and alterations as are minor in character and unlikely to require a significant amount of time to complete; and needed to make the device comply with these Regulations and any additional specifications established pursuant to sections 13 and 27. The limits of error of a device for the purposes of paragraph 24(b) of the Act are those set out as the in-service limits of error in the applicable table in Part V; or as the in-service limits of error in the applicable specifications established under subsection 13(1). In this Part and in Schedule II, individually measured commodity means a commodity that is measured and packaged in a manner other than in accordance with a predetermined fixed quantity and that is, as a result, sold in varying quantities; (marchandise mesurée individuellement) quantity means the net quantity of a commodity; (quantité) statement of quantity means the quantity stated pursuant to section 9 of the Act. (déclaration de quantité) The following types of trade transactions are exempt from section 9 of the Act: sales or offers for sale of commodities that are weighed or measured in the presence of the purchaser at the time of sale; sales or offers for sale of commodities that are produced or manufactured only for export; sales or offers for sale by bakeries of bakery products that are not packaged before being offered for sale; retail sales or offers for sale of fresh fruits or fresh vegetables, if a sign or placard that shows the price per unit of measurement on which the total price of the commodity is based is displayed in close proximity to the commodity, and that are not packaged before being offered for sale, packaged in a wrapper or confining band of less than 13 mm in width, or packaged in a clear, transparent protective wrapping; sales or offers for sale by automatic vending machines or mobile canteens of individual servings of food that are prepared by a commissary and packaged before being offered for sale; sales or offers for sale of individual portions of food that are packaged before being offered for sale and served by a restaurant or other commercial enterprise with meals or snacks; sales or offers for sale of individually wrapped confections, commonly known as one-bite confections, that are offered for sale or sold individually; and sales or offers for sale of primary mill paper or primary paperboard products, where a statement of the net, gross or other quantity of the commodity and of the manner in which the quantity was calculated is shown in a legible manner on the side of the package containing the commodity that is visible to the purchaser under normal or customary conditions of sale or use, or on a shipping bill, bill of lading or other document accompanying the commodity, and subject to section 49, the statement of quantity referred to in subparagraph (i) is accurate within the limits of error set out in Column II of an item of the appropriate Part of Schedule II for the stated quantity set out in Column I of that item. A commodity that is sold or offered for sale on the basis of number or measure shall show a statement of quantity in the case of a commodity, other than a commodity referred to in paragraph 46(h), that is packaged before being offered for sale, on the side of the package containing the commodity that is visible to the purchaser under normal or customary conditions of sale or use; and in the case of a commodity that is not packaged before being offered for sale, on a part of the commodity itself that is visible to the purchaser under normal or customary conditions of sale or use or on a shipping bill, bill of lading or other document accompanying the commodity. The statement of quantity for a commodity set out in column I of Schedule II.1 shall consist of at least one statement per parameter set out in column II. When the statement of quantity is shown on the package or on the commodity itself, the statement shall be shown in a manner easily legible to the purchaser and shall be in letters of not less than 3 mm or 1/8 inch in height if printed or written by hand and in letters of not less than 2 mm or 1/12 inch in height if printed or written by any other means. When the statement of quantity is shown on a shipping bill, bill of lading or any other document accompanying the commodity, it shall be shown in a manner easily legible to the purchaser. Where the price of a commodity is determined on the basis of a unit of measurement, that unit of measurement shall be shown on the statement of quantity in a manner at least as prominent as any other unit of measurement shown on the statement of quantity.

Subject to subsection (2), the prescribed limits of error for the purposes of sections 9 and 33 of the Act are those set out in Column II of an item of the appropriate Part of Schedule II for the stated quantity set out in Column I of that item. Where a commodity is weighed or measured on a device for which the tolerance is prescribed in section 192, 193 or 268, the limits of error for the commodity shall be one and one-half times the in-service tolerance prescribed for the device. Where the quantity of a commodity is stated in a unit of measurement that is not set out in column I of the applicable Part of Schedule II, the quantity shall be converted to the appropriate unit set out in column I of that Part and the limit of error set out in column II for that quantity shall apply. For the purposes of section 34 of the Act, the limit of error applicable to the weight declaration of a commodity used to determine rail transportation charges for the commodity, obtained by in-motion weighing of cars carrying the commodity is one per cent of the declared net weight. When an examination is made of an individually measured commodity that is in a liquid state and has its quantity stated in units of volume, the quantity of the commodity shall be determined at the temperature at which it is customarily measured for sale. When an examination is made of an individually measured commodity that is in a liquid state and has its quantity stated in units of volume at 15°C, the quantity of the commodity shall be determined at a temperature of 15°C. When an examination is made of a standard quantity commodity that is in a liquid or near liquid state at a temperature of 20°C and has its quantity stated in units of volume, the quantity of the commodity shall be determined at a temperature of 20°C. When an examination is made of a standard quantity commodity that is in a frozen state and has its quantity stated in units of volume, the quantity of the commodity shall be determined at the temperature at which it is customarily offered for sale. The examination of any quantity of prepackaged commodities, referred to as a lot, each unit of which purports to contain the same quantity of commodity, that an inspector undertakes to determine whether the lot meets the requirements of the Act and these Regulations respecting the statement of quantity, shall be made by selecting and examining a sample from the lot. Subject to subsection (3), where a lot contains the number of units set out in Column I of an item of Part I of Schedule III, an inspector shall select from the lot a number of units not less than the number set out in Column II of that item, and the number of units selected shall constitute the sample referred to in subsection (1). Where, for the purpose of determining the quantity, other than for establishing the weight of the package containing the commodity, it is necessary to destroy a certain number of units in the lot, an inspector shall select, for destruction, not more than 10 per cent of the total number of units in the lot and not less than one unit, and the number of units selected shall constitute the sample referred to in subsection (1). The lot from which a sample was taken and examined by an inspector does not meet the requirements of the Act and these Regulations respecting the statement of quantity if the inspector determines that the weighted average quantity of the units in the sample, as determined by the formula set out in Part II of Schedule III, is less than the stated quantity; the number of units in the sample that contain less than the stated quantity by more than the prescribed limits of error set out in Schedule II for that quantity is equal to or greater than the number set out in Column II of Part IV of Schedule III for the sample size set out in Column I thereof; or two or more units in the sample contain less than the stated quantity by more than twice the prescribed limits of error set out in Schedule II for that quantity. In this Part and in Schedule IV, cylindrical graduated standard means a local standard of volume or capacity that is made of glass or metal, has a cylindrical shape and, if made entirely of glass, bears graduations on the glass or, if made of metal, bears graduations that are adjacent to a glass window in the metal; (étalon cylindrique gradué) gravimetric prover standard means a local standard consisting of a tank mounted on a weighing machine and used for determining the mass of a product, or the volume of a liquid on the basis of the mass registered on the weighing machine and the density of the liquid; (cuve étalon gravimétrique) hydrometer standard [Repealed, SOR/2005-297, s. 11] master meter standard means a local standard that registers by mechanical, electrical or electronic means or any combination thereof, in units or multiples or subdivisions of units of volume, the quantity of liquid that passes through the standard during an interval of operation; (compteur étalon-témoin) narrow neck glass standard [Repealed, SOR/93-234, s. 2] narrow neck metal standard [Repealed, SOR/93-234, s. 2] narrow neck standard means a local standard of volume or capacity that has, on or adjacent to the narrow neck of the standard, a mark indicating the volume or capacity of the standard, or that has a machined rim that indicates the volume or capacity of the standard; (étalon à col étroit) nominal value means in the case of a local standard of mass or weight, the mass or weight shown on that standard, in the case of a local standard of length, the length between any two graduations on that standard, in the case of a narrow neck standard, the volume or capacity shown on that standard, in the case of a cylindrical graduated standard, the maximum volume or capacity shown on that standard, in the case of a stoppered pycnometer standard, the volume or capacity of the standard when filled and stoppered at reference conditions, in the case of a master meter standard, gravimetric prover standard, pressure hydrometer standard, standard of temperature or electricity measuring standard, the value shown by that standard for any particular test, and in the case of a pipe prover standard, the volume of the standard stabilized at a temperature of 15°C and 101.325 kPa internal pressure as shown on the certificate issued for that standard pursuant to section 13 of the Act; (valeur nominale) pipe prover standard means a local standard consisting of a pipe equipped with a piston or ball in which the volume of liquid displaced when the piston or ball traverses all or any part of the length of the pipe is registered by mechanical, electrical or electronic means or any combination thereof. (tube étalon) pressure hydrometer standard means a local standard that indicates the density or relative density of a fluid under pressure. (hydromètre étalon à pression) Subject to subsection (2), the amount set out in Column II of an item in the appropriate Part of Schedule IV is hereby prescribed to be the tolerance for the purpose of subsection 13(1) of the Act for a local standard that has a nominal value set out in Column I of that item. If the nominal value of a local standard is not set out in column I of the appropriate Part of Schedule IV, the tolerance for that standard shall be the amount resulting from linear interpolation between the tolerances set out in column II of that Part in respect of the nominal values set out in column I that are nearest to the nominal value of the standard. The tolerances set out in Parts XI and XII of Schedule IV for the nominal value of cylindrical graduated standards are also the tolerances for any other values that are marked on those standards as intermediate graduations. For the purposes of subsection 13(1) of the Act, the tolerance for a local standard referred to in subsection 56(2) at any point within the measuring range designated by the owner of the standard for the purpose of use of the standard is two per cent of the value or reading of that point indicated by the reference standard. [Repealed, SOR/90-118, s. 16] Every local standard described in column I of the table to this subsection shall be calibrated and certified at least once within the period set out in column II. Where the tolerance for a local standard is that referred to in subsection 54(4), every local standard described in column I of the table to this subsection shall be calibrated and certified at least once within the period set out in column II. [Repealed, SOR/2005-297, s. 13] [Repealed, SOR/79-747, s. 1] In this Part, travel time means the time that is spent by an inspector travelling to and returning from the place where a service set out in subsection 59(1) is provided; (temps de déplacement) waiting time means the time during which an inspector is ready to commence or continue the provision of a service set out in subsection 59(1) but is prevented from so doing because a device necessary to the provision of the service is being altered or adjusted by another person, or of actions or omissions affecting the provision of the service which are beyond the control of the inspector. (période d’attente). The fees and charges under this Part do not apply to services provided by an inspector who is not employed in the federal public administration. The fees and charges for the following services provided by an inspector shall be determined in accordance with Part I of Schedule V: examination of a device in accordance with a request referred to in section 15.1 or subsection 21(2) of the Act; examination of a device for the purposes of paragraph 8(b) of the Act; calibration of a standard, other than a standard used or intended to be used by an inspector to examine a device, at the request of the owner or person in possession of the standard; examination of a commodity at the request of the owner or person in possession of the commodity; provision of any service related to an application for the approval of a device or of a class, type or design of a device referred to in section 14; and alteration or adjustment of a device with the consent of the owner or person in possession of the device. Where, in order to provide a service set out in subsection (1), an inspector provides or transports a piece of equipment or a vehicle described in column I of item 1 of Part II of Schedule V, the applicable charges set out in column II of that item shall be paid in addition to the fees and charges set out in Part I of that Schedule. The charges incurred by an inspector for accommodation, meals, incidental expenses and transportation referred to in Schedule V are determined in accordance with the rates and allowances set out in the “Travel Directive” contained in the Treasury Board Manual that are in effect at the time that the service set out in subsection (1) is provided. Where the fees and charges set out in Schedule V are calculated on the basis of time, that time includes travel time and waiting time. [Repealed, SOR/94-650, s. 2] [Repealed, SOR/85-736, s. 2] [Repealed, SOR/93-413, s. 2] If, in order to perform an examination, an inspector requires any equipment, material or commodity that is not customarily supplied by a Measurement Canada office and that has not been supplied by the dealer or trader for whom the examination is to be performed, the cost of purchasing or renting the necessary equipment, material or commodity and transporting it to and from the place where the examination is to be performed shall be payable in addition to the fee and charge otherwise payable for the examination. Subject to section 21 of the Act, the fee and charge prescribed by these Regulations for the examination, altering or adjusting of a device shall be paid by the owner of the device or by the person in possession of the device. Where a commodity is examined pursuant to the Act, the fee and charge prescribed by these Regulations for examining the commodity shall be paid by the person who requests the examination. Subject to subsection (2), this Part establishes the specifications relating to the design, composition, construction and performance to which a class, type or design of device described in this Part shall conform before it may be approved for use in trade pursuant to section 3 of the Act; and the installation and use of any class, type or design of device described in this Part. This Part does not apply to devices to which the Specifications Relating to Non-automatic Weighing Devices (1998) or the Specifications Relating to Timber Dimension Measuring Devices apply. Every device for use in trade shall be of such design, composition and construction as will reasonably ensure its ability to provide satisfactory accuracy throughout its normal life and eliminate means of perpetrating fraud when in use. Every device for use in trade set out in Column I of an item of the table to this subsection shall be of such stability that under all temperatures and other conditions that may normally be encountered in use, and without adjustments other than those specifically provided for use of the device, the device is capable of measuring accurately within applicable in-service limits of error throughout the applicable period set out in Column II of that item. Where a device is tested for performance and a specific value for the known test quantity is not set out in the applicable table to this Part or in specifications established pursuant to subsection 13(1), the acceptance limits of error and in-service limits of error shall be determined by linear interpolation between the lower and higher limits of error nearest to the known test quantity. Every device for use in trade shall be installed, maintained and used so as to permit accurate measurement and eliminate means of perpetrating fraud when in use. A device referred to in subsection (1) shall not be used to measure any quantity of commodity unless the limit of error set out in Column II of an item of the appropriate Part of Schedule II for the stated quantity set out in Column I of that item is equal to or greater than the value of the minimum increment of registration of the device if the device has digital means of registration; or one-half the value of the minimum increment of registration of the device if the device has analogue means of registration only. The installation and use of every device for use in trade shall conform to instructions for installation and use issued by the manufacturer or importer, unless there is an apparent contradiction between such instructions and the specifications set out in this Part or established by the Minister, in which case the specifications set out in this Part or established by the Minister shall prevail. If the use of a device in any manner or for any purpose is prohibited in either the certificate issued at the time of the most recent examination performed under the Act or in the notice of approval of the device issued under section 3 of the Act or under a previous enactment, the device shall, throughout the period of its use in trade, have closely associated with it or prominently displayed on it a readily legible sign or notice setting out the manner or purpose of use that is prohibited. In this Division, weight means a weight for use in trade. Weights shall be composed of any metal or metals not softer than brass, except that weights of less than one gram in the metric system or less than 10 grains in the Canadian system shall be composed of corrosion resistant metal. Weight reducing holes shall be so made as to prevent the retaining of adjusting lead or foreign matter and the entire surface of weights shall be smooth and reasonably free from grooves or indentations in which foreign matter could accumulate. If a weight is equipped with a ring, the ring shall not be removable. Cast iron weights shall be painted with at least one coat of suitable waterproof metal sealer or primer, and may be also painted with a finish coat if the resulting aggregate coat is thin and durable. When a cast iron weight is painted, it shall be calibrated after it receives the final paint coat. All adjusting holes intended to hold lead in a weight shall be undercut or so made as to ensure that the lead is securely held in place and in no case shall the lead project beyond the surface of the weight. At the time of an examination for the purposes of paragraph 8(b) or 26(1)(c) of the Act, not more than two adjusting holes shall be provided in a single weight and at every examination there shall be lead in each adjusting hole sufficient to accept an examination mark. A counterpoise weight the principal section of which is too thin to hold an adjusting hole shall have a boss or lug of a size sufficient to hold the adjusting hole. A weight with a cavity for loose adjusting material that is fitted with a screw top or plug shall be provided with a positive means of locking, other than by friction, the top or plug to the body of the weight. Weights shall be constructed to represent multiples or submultiples of the kilogram, gram or milligram having values equal to 1, 2 or 5 × 10n units, where “n” represents a whole number, whether positive, negative or equal to zero; multiples or decimal submultiples of the pound or troy ounce; multiples or binary submultiples of the pound or ounce; or multiples or decimal submultiples of the grain. When a weight that has a marked weight set out in column I of an item in a table to sections 84 to 88 is tested for acceptance limits of error in relation to a local standard weight, the weight is considered to be within the acceptance limits of error if its actual weight determined by the test is not less than its marked weight; and does not exceed its marked weight by an amount in excess of the amount set out in Column II of that item. When a weight that has a marked weight set out in column I of an item in a table to sections 84 to 88 is tested for in-service limits of error in relation to a local standard weight, the weight is considered to be within the in-service limits of error if its actual weight determined by the test is not more than its marked weight by an amount in excess of the amount set out in Column III of that item; and is not less than its marked weight by an amount in excess of the amount set out in Column IV of that item. Subject to subsections (2) and (3) and sections 85 and 87, the limits of error set out in the following table apply to all weights that are multiples or submultiples of the gram, commonly called metric weights: The limits of error for weights for use in conjunction with equal-arm pan-over-beam scales are twice the limits of error set out in the table to subsection (1). The limits of error for weights for use as ratio weights where the ratio is in excess of 100:1 are one-half the limits of error set out in the table to subsection (1). The limits of error set out in the following table apply to weights in special multiples of the gram that are approved only for use in conjunction with scales designed to be used for determining the butter-fat content of milk and the moisture content of butter: Subject to subsections (2) and (3), the limits of error set out in the following table apply to all weights that are in multiples or submultiples of the avoirdupois pound and ounce: The limits of error set out in the following table apply to all weights of 100 grams or over that are in multiples or submultiples of the gram and are for use with a device designed to weigh precious metals and other commodities of comparable value: The limits of error set out in the following table apply to all weights that are in multiples of the troy ounce: A weight shall be used only with a weighing machine with which it is compatible. When not in use, a weight that, due to its small size, is not individually marked with an examination mark shall be stored in a container that bears the examination mark. In this Division, measure means a static volumetric measure for use in trade. Measures shall be free from ridges or indentations likely to entrap dirt or the commodity measured and shall empty completely when inverted. The internal horizontal dimensions of a measure for liquids shall be such that the removal from it of an amount equal to the limit of error in deficiency will lower the liquid level by not less than 2.4 mm or 3/32 inch or, if the measure is transparent, by not less than 1.2 mm or 3/64 inch. Subject to section 95, a measure that is not transparent shall be so designed that its capacity is established by the brim and when a measure is equipped with a spout, pouring lip or anti-splash protection, not less than one third of the brim of the measure shall be in a plane parallel to the base. When a measure is equipped with a lid or cover, the capacity of the measure shall be determined by the bottom of the neck unless a permanent defining line or indicator is provided on the neck. Unless otherwise authorized by the Minister, all measures for solids shall be cylindrical, designed to be struck with a roller and be of a diameter that does not differ from either the depth or double the depth by more than five per cent. A measure may be composed of any suitable material that has sufficient strength, rigidity and durability to maintain its form and accuracy and resist indentation, distortion or breakage under ordinary conditions of trade use; and is impervious to the commodity for which it is intended. Unless clearly and permanently marked with the words “Calibrated to Contain” (“calibré pour recevoir”), a measure for liquids shall be of such capacity that, when filled to capacity with water, the indicated volume can be poured out of the measure. When a measure that has an indicated volume set out in Column I of an item in a table to sections 101 to 103 is tested for acceptance limits of error in relation to a relevant local standard, the measure is within the acceptance limits of error if its actual volume determined by the test is not less than its indicated volume; and does not exceed its indicated volume by an amount in excess of the amount set out in Column II of that item. When a measure that has an indicated volume set out in Column I of an item in a table to sections 101 to 103 is tested for in-service limits of error in relation to a relevant local standard, the measure is within the in-service limits of error if its actual volume determined by the test does not exceed its indicated volume by an amount in excess of the amount set out in Column III of that item; and is not less than its indicated volume by an amount in excess of the amount set out in Column IV of that item. Subject to subsection (3), the limits of error set out in the following table apply to all measures used for measuring liquids or solids in metric units of volume or capacity: The limits of error in the table to subsection (1) apply to tests made on a “to deliver” basis with water at room temperature. The limits of error for measures used with grain testing scales are one-half the limits of error set out in the table to subsection (1). The limits of error set out in the following table apply to all measures used for measuring liquids in Canadian units of volume or capacity: Subject to subsection (3), the limits of error set out in the following table apply to all measures used for measuring solids in Canadian units of volume or capacity: The limits of error for measures used with grain testing scales are ¼ the limits of error set out in the table to subsection (1). A measure shall rest on a level surface when the correctness of filling is being determined by the user. Measures shall be used in a manner that will prevent dents or other damage thereto that would cause a change in capacity. Measures for liquids shall be permitted to drain for sufficient time to ensure that the liquid delivered is not less than the indicated volume by more than the limits of error set out in Column IV of the tables to sections 101 to 103. [Repealed, SOR/2014-111, s. 34] The following definitions apply in this Division. machine means a weighing machine or measuring machine for use in trade. (appareil) registration includes both visual indication and recorded representation of quantity, unit price or monetary value. (enregistrement) A machine shall be of a design, composition and construction that will enable it to resist such exposure to vibration, the product measured, foreign matter, dirt, moisture and extremes of temperature as may be encountered in its intended service, so that wear of its moving components will be minimized, its accuracy will be maintained, its operating parts will continue to function properly and its means of adjustment will retain their settings. [Repealed, SOR/98-115, s. 8] Any electrical or electronic components, equipment or accessories attached to or used in conjunction with a machine that have or can have an effect on the accuracy of the machine shall function properly despite such steady-state and transient variations in the frequency, voltage and waveform of the electrical supply and disturbances in the surrounding electromagnetic and electrostatic field as may normally exist in the intended service. When a machine requires an electrical power supply, the frequency, voltage and current requirements and any special limitations on the stability or quality of power supply required to enable the machine to measure accurately shall be marked on the machine. A machine shall be provided with means of registration that are appropriate for the class, type or design of machine and for its intended service, installation and use. All registrations shall be clear, definite and easily legible under conditions of normal use of the machine. [Repealed, SOR/98-115, s. 9] Where a machine provides a printed record of the registration on a ticket or form, the ticket or form shall contain a statement of the quantity measured in the transaction or, where permitted or required by these Regulations or by specifications established by the Minister, a start and finish print such that the quantity measured can be calculated by subtraction; when the computed price is shown, the unit price for the commodity measured; the name, symbol or abbreviation appropriate to the unit of measurement registered and, as applicable, to the unit price and total price; and such further information as may be required by these Regulations or by specifications established by the Minister. A machine equipped with an indicator or printer shall be capable of giving a visual or printed indication that the device has been properly returned to start position before any commodity is measured. The graduations on an analogue type of indicator or printer for a machine shall conform to the following specifications: in any series of graduations the lines or marks of corresponding graduations shall be uniform in size and character; the width of a graduation line or mark shall not be greater than the width of the minimum clear interval between graduations; graduation lines or marks shall be varied in length or size so that they may be accurately read; in a series of graduations, intervals representing identical quantities shall not differ by a ratio greater than 1.2 to 1; graduations intended to have specific values shall be defined by figures, words, symbols or combinations thereof uniformly placed with reference to the graduations and as close thereto as practicable, but not so positioned as to interfere with the accuracy of reading; and graduations and their defining figures, words and names or symbols or abbreviations for the unit of measurement shall be such that they will not become obliterated or illegible under conditions of normal use of the machine. The indicating element of an analogue type of indicator and the imprint of an analogue printer of a machine shall conform to the following specifications: the indicating portion of a poise or pointer and its relation to any associated series of graduations shall be such that there will be no confusion as to the quantity indicated or printed; the indicating portion of a poise or pointer shall reach but shall not obscure the finest graduation with which it is used; if the indicating portion of a pointer and the graduations are in the same plane, there may be a distance of not more than 1.0 mm or 0.04 inch between the end of the indicating portion and the end of the graduations, the distance being measured along the line of the graduations; the width of an indicating line or of the indicating portion of a pointer shall not be greater than the width of the narrowest graduation with which it is used; and the clearance between an indicating line or the indicating portion of a pointer and the reading surface of the graduations shall not be more than 1.5 mm or 0.06 inch unless adequate provision is made to prevent errors due to parallax. [Repealed, SOR/98-115, s. 10] Mechanical digital means of registration for a machine of the drum cyclometer or similar type shall conform to the following specifications: all digits except the last shall remain centrally aligned; there shall be means to show when the last digit is centrally aligned; any graduation lines on the finest indicating element shall provide a decimal or binary subdivision of the quantity between its successive digits; the digits representing a whole unit of measurement or a decimal multiple thereof shall be of uniform size, character and colour; the digits representing a decimal submultiple of the unit of measurement shall be set apart by a decimal point or comma; and where required by specifications for the particular class or type of machine, the digits representing a decimal or binary fraction of the unit of measurement shall be differentiated from the other digits by their size, character, colour or by a supplementary symbol. Electronic digital means of indication for a machine shall conform to the following specifications: all digits shall be of the same height; the digits representing a decimal submultiple of the unit shall be set apart by a decimal point or comma; and the brightness of the electronically displayed digits and other information shall be such that they may be easily read under normal conditions of use. Associated with any digital registration by a machine there shall be suitably located defining words and the name, symbol or abbreviation for the unit or units of measurement appropriate in size and such that they will not become obliterated or illegible under normal conditions of use of the machine. Indicators and printers for monetary values shall conform to the same specifications as indicators and printers for registration of units of quantity. Within such limits of repeatability as may be required by these Regulations or by specifications established by the Minister, a machine shall be capable of repeating its registrations for each identical load or quantity delivered regardless of repeated manipulations of any or all of the elements of the machine in a manner approximating normal conditions of use of the machine. Subject to subsection (2), where a machine has or is installed with two or more means of registration that have the same units of measurement, the registrations shall be in accordance with the following criteria: in the case of electronic digital means of registration, the registrations thereof shall where the values of minimum increment of registration are the same, be in exact agreement, or where the values of minimum increment of registration are not the same, be in agreement within 0.6 times the largest of those values of minimum increment of registration; in the case of mechanical digital means of registration, the registrations thereof shall be in agreement within 0.6 times the largest of the values of minimum increment of registration; in the case of analogue means of registration, the registrations thereof shall be in agreement within 0.25 times the largest of the values of minimum increment of registration; and in the case of combined digital and analogue means of registration, the registrations thereof shall be in agreement within 0.6 times the largest of the values of minimum increment of registration. A means of providing analogue registration that is of the servo-follower type and that is installed prior to January 1, 1976 shall be in agreement with any other analogue or digital means of registration connected to the same machine within twice the finest graduation. The registration of monetary value on a machine provided with means of registration for monetary value shall be in mathematical agreement with the quantity indication and unit price, within such monetary limits as may be allowed by these Regulations or by specifications established by the Minister and the machine shall have words or symbols to differentiate clearly between the monetary value and the quantity registrations. A machine that has electrical components or equipment or accessories attached to or used in conjunction with it that have or can have an effect on the accuracy of the machine shall be connected to an electrical supply the characteristics of which are as specified by the manufacturer of the machine and the electrical wiring and other electrical installation affecting the machine shall be in accordance with the specifications of the manufacturer and with specifications established by the Minister for that class, type or design of machine. The installation and use of a machine shall be such as to ensure that it is protected from abnormal environmental factors such as excessive dust or extremes of temperature, vibration, electromagnetic or electrostatic fields that could have an adverse effect on its performance. A machine, other than a scale used for prepackaging or a device described in subsection 4(2), shall be installed so that the indications of the primary means of indication can be clearly read by any party to the transaction for which the machine is being used, but, if such an installation is not practicable, a secondary means of indication shall be provided to allow the parties to the transaction to read the indications. The primary indicator of a machine shall be so located as to allow an unobstructed view of the load-receiving element or the delivery outlet of the machine or, if owing to particular circumstances that is not feasible, a convenient means shall be provided for direct communication between an observer at the indicator and an observer at the load-receiving element or the delivery outlet. [Repealed, SOR/98-115, s. 11] A machine shall not be installed or used in conjunction with any supplementary means of registration unless that means of registration conforms to the specifications for registration set out in this Part and to the specifications established pursuant to subsection 13(1) and section 27. continuous totalizing weighing machine means a machine used for continuously weighing a bulk product on a conveyor belt, without systematic subdivision of the mass and without interruption of the movement of the conveyor belt. (appareil de pesage totalisateur en continu) electronic computing machine means an electronic machine that calculates the monetary value equal to the product of the weight indication multiplied by the unit price. (appareil calculateur électronique) electronic machine means a machine, other than a continuous totalizing weighing machine, that operates with electronic components and is equipped with a digital means of indication. (appareil électronique) known test load means a load consisting of local standards or any other load the weight of which has been determined in relation to local standards. (charge connue) machine means an automatic weighing machine for use in trade that weighs without the intervention of an operator and follows a predetermined program of automatic processes characteristic of the machine. (appareil) registration includes both visual indication and printed representation of quantity, unit price or monetary value. (enregistrement) tare function in respect of a machine, means a process, mechanism or feature that allows it to utilize tare. (fonction tare) If the accuracy of registration, including the zero weight indication, of a portable machine is affected when it is off level, the machine shall be equipped with a self-locking or lockable means of levelling and a level indicator. An electronic computing machine shall be equipped with a level indicator that is easily visible or with the tools that are necessary to expose the level indicator if it is not easily visible. An electronic machine shall be equipped with an automatic motion detector to prevent the registration of weight values until the weight indication is stable within plus or minus one times the value of the minimum increment of registration, if the electronic machine has a capacity of 2000 kg or less; or plus or minus three times the value of the minimum increment of registration, if the electronic machine has a capacity of more than 2000 kg. An electronic computing machine shall be equipped with an automatic motion detector to prevent the registration of weight values until the weight indication is stable within plus or minus one times the value of the minimum increment of registration. The weight indication of an electronic machine shall be stable, in accordance with subsections (1) and (2), for at least 0.4 of a second before registering a weight value. The zero-setting mechanism and the zero-tracking mechanism circuits of an electronic machine shall be interlocked with the motion detector so that these mechanisms are inoperative while motion is being detected. The registration of monetary value calculated by an electronic computing machine is to be rounded to the nearest cent as follows: when the digit next beyond the second decimal is less than 5, the second decimal is to be kept unchanged; when the digit next beyond the second decimal is greater than 5, or is 5 followed by one or more digits other than zeros, the second decimal is to be increased by one; and when the digit next beyond the second decimal is 5 and is followed by no other digits or by one or more zeros, the second decimal is to be kept unchanged if it is even and be increased by one if it is odd. The tare function of an electronic machine shall operate only in a negative direction in relation to zero. The tare function control mechanism of an electronic machine shall be identified with the word “TARE”, the letters “TR”, or with words or letters that convey the same meaning. An electronic machine may be equipped with full-scale tare; however, the gross weight shall not exceed the rated capacity of the machine in accordance with the limits set out in section 170. The value of the minimum increment of tare of an electronic machine shall be the same as the value of the minimum increment of registration. The use of any mechanism to convert units of measurement (for example, a pound/kg switch) shall be inhibited when the tare is entered into the memory of an electronic machine, unless the mechanism converts all values of weight registration when activated. The tare function of an electronic computing machine shall be self-cancelling so that when any net weight is added to the tare, the total is computed, and when the gross weight is removed from the machine, the weight indication returns to zero in accordance with section 183, unless the machine is in prepackaging mode. A tare entry shall be automatically erased from an electronic computing machine’s memory only after the completion of the weighing operation. The entry of another price per unit of weight, the use of a “clear” mechanism or any other keying sequence shall not affect the tare entry. An electronic computing machine with a tare function shall be equipped with a power failure interlock mechanism that prevents the continuation of the weighing operation when there is a temporary loss of power. When there is a loss of power to an electronic computing machine, all visual indications of the tare function shall extinguish and remain extinguished even when power is restored. A negative weight value shall continue to be displayed on an electronic computing machine when the load-receiving element is empty and the tare function is in operation. There shall be a visual indication on or adjacent to the weight display of an electronic computing machine when the tare function is in operation. If an electronic machine, other than an electronic computing machine, displays only one weight value at a time, there shall be visual indication on or adjacent to the weight display that indicates that the tare function is in operation. If an electronic machine, other than an electronic computing machine, is capable of registering gross, net or tare weight, the weight values shall be clearly identified. [Repealed, SOR/98-115, s. 13] A machine shall be equipped with means to balance it at zero-load and if supplementary material is used for that purpose it shall be so enclosed that it cannot shift position or be readily removed or altered in such a way that the balance condition of the machine is affected. A balance ball, balancing weight, spring adjustment, trim potentiometer or other zero adjusting means on a machine shall be operable only by a detachable tool, but on a machine of up to 15 kg or 30 pounds capacity, a balance ball may be operable without a detachable tool if the design provides for controlled friction to hold the balance ball in any set position. The overall range of the zero-setting mechanism of an electronic machine that may be adjusted externally shall not exceed four per cent of the machine’s rated capacity unless the adjustment is made using a tool that is not permanently affixed to the adjustment mechanism. When activated, that adjustment mechanism shall return the weight indication to zero. The overall range of the zero-tracking mechanism of an electronic machine shall not exceed four per cent of the machine’s rated capacity. The zero-tracking mechanism of an electronic machine shall not be operator-controlled and the maximum weight value corrected at any one time by the zero-tracking mechanism shall not exceed 0.6 times the value of the minimum increment of registration. When an electronic computing machine displays a weight value less than zero, the total price indicator shall not display any value and the other registration elements, excluding the indicating elements, shall be interlocked to inhibit the registration of negative weight values. The luminosity contrast between the visual indications and the background of the indicator of an electronic machine shall have a ratio equal to or greater than 4 to 1. In order to allow for the adjustment of the weight of a commodity, the weight signal of an electronic computing machine must be free-floating until the final weight of the commodity is obtained. An electronic machine shall be equipped with the means to seal the coarse zero and span adjustment controls so that all other components and adjustments are readily accessible without breaking the seal. The means shall be readily observable upon examination without having to disassemble any part using tools that are not supplied with the machine. An electronic machine shall be equipped with a test system for verifying that each display segment is not continuously on or off. The test system shall permit verification of display segments without any tools or by a self-verifying automatic system that indicates the occurrence of any failure. [Repealed, SOR/98-115, s. 14] When a machine is equipped with a ticket printer or a label printer, the printed numbers and letters shall be of such size, character and colour that they may be easily read under normal conditions of use. An electronic machine, other than an electronic computing machine, shall not register or print any value when the load exceeds 105 per cent of the rated capacity of the machine. An electronic computing machine shall not register or print any value when the load exceeds the rated capacity of the machine by more than 10 times the value of the minimum increment of registration. A machine equipped with an electronic digital means of registration shall be capable of giving visual confirmation that it has been returned to zero-load within a range equivalent to the greater of ¼ of the value of the minimum increment of registration, and 0.01 per cent of the capacity of the machine. Subject to subsections (2) to (6), the value of the minimum increment of registration on a machine shall not be greater than 10 kg, if the machine measures in kilograms, or 20 pounds, if the machine measures in pounds, unless the capacity of the machine exceeds 100 000 kg or 200,000 pounds, in which case the value of the minimum increment of registration shall not be greater than 20 kg or 50 pounds, respectively. The value of the minimum increment of registration on a tank scale that is designed for weighing alcohol or on a hopper scale that is designed for weighing grain in a terminal or transfer elevator shall not be greater than 5 kg or 10 pounds, if the capacity of the scale is equal to or less than 100 000 kg or 200,000 pounds; 10 kg or 20 pounds, if the capacity of the scale exceeds 100 000 kg or 200,000 pounds, but is equal to or less than 200 000 kg or 400,000 pounds; and 20 kg or 50 pounds, if the capacity of the scale exceeds 200 000 kg or 400,000 pounds. The value of the minimum increment of registration on a continuous totalizing weighing machine shall not be greater than 100 kg or 200 pounds. The value of the minimum increment of registration on an electronic computing machine shall not be greater than 10 grams or 0.01 pound. The maximum value of the minimum increment of registration that is permissible on an electronic machine, other than an electronic computing machine, is set out in the following tables: The value of the minimum increment of registration on an electronic machine, other than an electronic computing machine, that is converted from the Canadian system of units to the International System of Units shall not exceed the converted value set out in the following table: The value of the minimum increment of registration of an electronic machine shall be equal to the number of kilograms or pounds obtained by using one of the following formulas: [Repealed, SOR/98-115, s. 16] Subject to sections 181 to 184 and 188 to 193, where a known test load set out in column I of an item of a table to section 176 or 177 is applied to a machine for the purpose of determining compliance with the acceptance limits of error, the machine is within the acceptance limits of error in respect of that known test load if the load registered by each means of registration of the machine is not greater or less than the known test load by an amount in excess of the amount set out in column II of that item. Subject to sections 181 to 184 and 188 to 193, where a known test load set out in column I of an item of a table to section 176 or 177 is applied to a machine for the purpose of determining compliance with in-service limits of error, the machine is within the in-service limits of error in respect of that known test load if the load registered by each means of registration of the machine is not greater or less than the known test load by an amount in excess of the amount set out in column III of that item. Subject to sections 188, 192 and 193, the limits of error set out in the following table apply to all machines registering in metric units of mass: Subject to sections 188, 192 and 193, the limits of error set out in the following table apply to all machines registering in avoirdupois units of mass or weight:

An electronic machine shall perform within the applicable limits of error, when tested after being calibrated and zeroed, under relative humidity conditions between 10 per cent and 95 per cent, and under one of the following operating conditions: the ambient temperature range is -10°C to +40°C, unless expressly specified otherwise on the approval application and marked on the machine; if the specified minimum temperature is lower than -10°C or the specified maximum temperature is more than +40°C, the machine shall bear markings specifying the minimum and maximum temperatures and shall be approved for use within this expanded temperature range, if Measurement Canada laboratories are equipped to test at those temperatures; when a machine meets the conditions described in paragraphs (a) and (b), it may be used beyond the approved minimum and maximum temperatures if it continues to perform within allowable limits of error; or if the specified minimum temperature is higher than -10°C or the specified maximum temperature is less than +40°C, the machine shall bear markings specifying the minimum and maximum temperatures and shall only be approved for use within this reduced temperature range. The difference between the specified minimum and maximum temperatures for an electronic machine shall not be less than 5°C for machines with more than 50,000 increments of registration; 15°C for machines used to weigh precious metals and other commodities of comparable value; and 30°C for machines used to weigh commodities other than precious metals or commodities of comparable value. An electronic machine shall perform within the applicable limits of error when tested at a constant ambient temperature that does not vary more than 5°C. When a load remains on an electronic machine, the difference between the indication that is obtained at the moment that the load is applied and the indication that is obtained eight hours after its application shall not exceed the permissible acceptance limit of error for the applied load. The variation on returning to zero after the removal of a load which has remained on an electronic machine for half an hour may not exceed one half the value of the minimum increment of registration. The weight indication at zero or near zero on an electronic machine shall not vary by more than the value of the minimum increment of registration for a difference in ambient temperature of 5°C. An electronic machine shall perform within the applicable limits of error when scanned at a distance of 2 metres with a 460-MHz (commercial) 4-watt hand-held communicator; and a 27-MHz (citizens’ band) 4-watt hand-held communicator. When a machine that is equipped with a self-indicating or semi-self-indicating means of registration is tested by one of the following methods, the acceptance limits of error and in-service limits of error are 1.5 times the limits of error set out in the tables to sections 176 and 177 and set out in sections 188 and 192: the removal of a known test load, in the case of a machine that is normally used for weighing following the addition of load; or the addition of a known test load, in the case of a machine that is normally used for weighing following the subtraction of load. Subject to subsections (2) and (3) and sections 188 and 192, the minimum limit of error when a machine is tested for acceptance limits of error or in-service limits of error is a weight equivalent to the lesser of 0.05 per cent at the capacity of the machine and one minimum increment of registration. The minimum limit of error for a railway track scale used exclusively in weighing railway cars is the greater of 15 kg or 30 pounds, and the value of the minimum increment of registration. In a strain test at a heavy duty scale, there shall be no minimum limit of error in respect of the known test load that is added to the strain load and the limit of error for a machine with digital registration shall not be increased as described in section 184. On removal of all load from a machine, the means of registration of the machine shall immediately return to zero registration within a range equivalent to the greater of Subject to subsection 182(3), if a machine has digital increments of registration, the acceptance limits of error and in-service limits of error applicable to the digital registrations of the machine shall be increased beyond the limits of error otherwise applicable to the digital registrations of the machine by the equivalent of one-half the minimum increment of registration. Where a test consisting of the application to a machine of the same test load up to 10 times is carried out under conditions approximating conditions of normal use, the difference between the least registered load and the greatest registered load shall not exceed the absolute value set out in column II or III, as applicable, of an item of the appropriate table to sections 176 and 177 that corresponds to the known test load set out in column I of that item that is equivalent to the greatest registered load. Subsection (1) does not apply to the testing of a machine in accordance with subsection 189.2(1), 190(2) or 191(1) or (2). An electronic machine shall be able to withstand vertical forces up to 150 per cent of its rated capacity without affecting its calibration. An electronic machine shall be able to operate within plus or minus 10 per cent of its voltage rating and within plus or minus 2 per cent of its frequency rating. Where a hopper scale or a tank scale referred to in subsection 172(2) has a capacity equal to or greater than 15 000 kg or 35,000 pounds, the acceptance limits of error for that scale are the greater of 0.05 per cent of the known test load and the value of the minimum increment of registration; and the in-service limits of error for that scale are the greater of 0.10 per cent of the known test load and the value of the minimum increment of registration. Where a static test is conducted on a railway track scale that is designed for in-motion weighing, the acceptance limits of error for the scale are those prescribed by section 174 and the in-service limits of error for the scale are those prescribed by section 175. In sections 189.2, 190 and 191, reference car means a railway car the weight of which has been determined in relation to a relevant local standard. (wagon de référence) In sections 190 and 191, net known test load means the difference between the static weight of a loaded reference car and the static weight of an empty reference car. (charge connue nette) Subject to subsection 182(2), where a railway track scale that is designed for in-motion weighing of uncoupled railway cars is tested dynamically, the acceptance limit of error and in-service limit of error for the scale are 0.15 per cent of the known weight of each reference car. The limits of error set out in subsection (1) apply to a test that consists of five reference cars passing over the railway track scale up to 10 times, under conditions approximating conditions of normal use. The reference cars referred to in subsections (1) and (2) shall be representative of the types and weight range of the railway cars for which the railway track scale is intended to be used. In this section, unit train or UT means a train composed of at least 10 coupled railway cars of the same type carrying the same product to one consignee. (train-bloc or TB) Where a railway track scale that is designed for the in-motion weighing of unit trains is tested dynamically, the acceptance limit of error and in-service limit of error for the scale are 0.15 per cent of the sum of the net known test load of all of the reference cars in the train that are weighed. The test referred to in subsection (2) shall not be conducted more than 10 times. The reference cars and the length of the train used in the test referred to in subsection (2) shall be representative of the types and weight range of the railway cars and length of the trains for which the railway track scale is intended to be used. Where a railway track scale that is designed for the in-motion weighing of individual coupled railway cars forming a train, and is used solely for determining transportation charges for commodities, is tested dynamically, the acceptance limits of error and in-service limits of error for the scale are the following: at least 70 per cent of the individual weights of the reference cars shall be within 0.2 per cent of the known individual static weight of those reference cars; not more than five per cent of the individual weights of the reference cars shall differ by more than 0.5 per cent from the known individual static weights of those reference cars; and the weight of an individual reference car shall not differ by more than one per cent from the known static weight of that reference car. Where a railway track scale referred to in subsection (1), used for a purpose other than determining transportation charges for commodities, is tested dynamically, the acceptance limit of error and in-service limit of error for each dynamic weighing are 0.15 per cent of the net known test load. The tests referred to in subsections (1) and (2) shall not be conducted more than 10 times. The reference cars and the length of the train used in the tests referred to in subsections (1) and (2) shall be representative of the types and weight range of the railway cars and length of the trains for which the railway track scale is intended to be used. When a crane scale is used in the weighing of freight to determine freight or shipping charges, the acceptance limit of error and in-service limit of error are 0.5 per cent of the known test load, but not less than 0.125 per cent of the capacity of the scale. The acceptance limits of error and the in-service limits of error applicable to a continuous totalizing weighing machine shall be 0.5 per cent of the known weight of the material used to test the machine if the machine was designed for the in-motion weighing of commodities to determine freight or shipping charges or is used solely for this purpose; or was designed for the in-motion weighing of raw material such as sand, gravel, crushed rock, crude ore or other materials of comparable value or is used solely for this purpose. [Repealed, SOR/98-115, s. 22] The load discrimination of a machine equipped with a self-indicating or semi-self-indicating means of registration of either the analogue or the digital type shall be such that for the purpose of determining compliance with the acceptance limits of error or in-service limits of error for the machine and at any load from zero to maximum capacity, the addition to or removal from the load-receiving element of a weight corresponding to 1.4 times the value of the minimum increment of registration shall cause a change in registration equal to or greater than the value of the minimum increment of registration. An electronic computing machine, other than one for prepackaging use, shall clear all digital indications of total price and price per unit of weight and shall extinguish the tare indication either when the commodity is removed from the load-receiving element or before another commodity is weighed and its price is computed. When an electronic computing machine is in prepackaging mode there shall be a visual indication on both the operator and customer sides of the machine, whether by the words “for prepackaging use” or words that convey the same meaning. The junction boxes of an electronic machine, other than an electronic computing machine, shall be equipped with a sealing mechanism when they contain calibration adjustments. When the indicator of an electronic machine, other than an electronic computing machine, is connected to two or more weighing locations, each of which may consist of one or more load-receiving elements, the indicator shall be equipped with a separate calibrating circuit for each weighing location, so that the adjustment of one circuit will not affect the calibration of any other; each calibrating circuit shall be marked to identify which weighing location it controls and that indication shall be clearly visible by any party to the transaction for which the machine is being used; the indicator shall be equipped with an automatic means to clearly identify any weighing location that is in use; and any interconnecting cable that may affect the calibration shall be identified to indicate the weighing location to which it is connected. [Repealed, SOR/98-115, s. 23] An installed machine shall be protected against wind, rain, blowing snow, extremes of temperature, variations in electromagnetic and electrostatic fields and any abnormal conditions of use to ensure that the machine can measure accurately and is not subject to premature deterioration in performance. Water from any source shall be drained away from the machine and all surfaces under the machine, including floors of pits, shall be kept dry. Before use, a portable machine shall be placed on a level and stable supporting surface and shall be properly levelled. [Repealed, SOR/98-115, s. 24] A machine shall, before use, be adjusted to register zero when there is no load on the load receiving element, unless another mode of operation is allowed for the class, type or design of machine by specifications established by the Minister or by a notice of approval. [Repealed, SOR/98-115, s. 25] In this Division, known test length means a sample of a material that is representative in thickness and texture of the kind of material that a machine is designed to measure, the length of which has been determined in relation to a local standard; (longueur de contrôle connue) machine means a linear measuring machine for use in trade. (appareil) The measuring element on a machine shall be designed and constructed so as to reduce to a practicable minimum any slippage of material being measured. The registering element on a machine shall be readily returnable to a definite zero indication and means shall be provided on the machine to prevent the return of the registering element to less than zero registration. Registrations of length and money value shall be accurate when the machine is operated at any speed and in any manner to which it may reasonably be subjected in trade use and when it is operated in either a forward or a backward direction. Where a test that consists of measuring a known test length set out in Column I of an item of the appropriate table to sections 216 to 219 is carried out on a machine, the machine is within the acceptance limits of error in respect of the known test length if the length registered by the machine is not less than the known test length by an amount greater than the amount set out in Column II of that item; and not more than the known test length by an amount greater than the amount set out in Column III of that item. Where a test that consists of measuring a known test length set out in Column I of an item of the appropriate table to sections 216 to 219 is carried out on a machine, the machine is within the in-service limits of error in respect of the known test length if the length registered by the machine is not less than the known test length by an amount greater than the amount set out in Column IV of that item; and not more than the known test length by an amount greater than the amount set out in Column V of that item. The limits of error set out in the following table apply to all fabric machines registering in terms of metric units of length: The limits of error set out in the following table apply to all fabric machines registering in terms of Canadian units of length: The limits of error set out in the following table apply to all machines for measuring rope, cordage, wire or woven screening in terms of metric units of length: The limits of error set out in the following table apply to all machines for measuring rope, cordage, wire or woven screening in terms of Canadian units of length: A machine shall be firmly attached to a counter or other stable support before it is used. Registration shall be returned to zero before each use of the machine. In this Division, machine means an area measuring machine for use in trade. A machine shall be designed so that any means of adjustment that can have an effect on its accuracy of measurement has provision for sealing. When a machine is tested in relation to a relevant local standard for either acceptance limits of error or in-service limits of error by measurement of a known area on a surface that is representative of the kind of material for which the machine is designed, the machine is within both the acceptance limit of error and the in-service limit of error in respect of that area and that kind of material if the area registered does not differ from the known area by more than 0.006 square metres or 1.5 per cent of the known area, whichever is greater, and, in the case of a machine measuring in Canadian units of measurement, 1/16 square foot or 1.5 per cent of the known area, whichever is greater. In this Division, machine means a machine for determining the computed volume of boxes and other solids on the basis of three mutually perpendicular linear measurements. Measuring faces on a machine shall be designed so that they may be held parallel when each of the three principal axes of the object are being measured. A machine shall provide registration of measurement in terms of either cubic decimetres or cubic feet. When a machine is tested in relation to a relevant local standard for acceptance limits of error by taking the measurement in turn of three lengths the product of which corresponds to a computed volume set out in Column I of an item in a table to section 230 or 231, the machine is within the acceptance limits of error in respect of that computed volume if the amount registered by the machine is not less than the computed volume by an amount in excess of the volume set out in Column II of that item; and does not exceed the computed volume by an amount in excess of the amount set out in Column III of that item. When a machine is tested in relation to a relevant local standard for in-service limits of error by taking the measurement in turn of three lengths the product of which corresponds to a computed volume set out in Column I of an item in a table to section 230 or 231, the machine is within the in-service limits of error in respect of that computed volume if the amount registered by the machine is not less than the computed volume by an amount in excess of the volume set out in Column IV of that item; and does not exceed the computed volume by an amount in excess of the amount set out in Column V of that item. The limits of error set out in the following table apply to all solid volume machines designed to establish the space in cubic decimetres taken up by packages, parcels and crates: The limits of error set out in the following table apply to all solid volume machines designed to establish the space in cubic feet taken up by packages, parcels and crates: In this Division, machine means a volumetric liquid measuring machine and includes a volumetric liquid meter or a measuring tank for use in trade. A machine shall be designed and constructed to ensure complete delivery of the measured liquid and to prevent delivery of any unmeasured liquid. All movable capacity indicators and means of adjustment on a machine shall be sealable. Component parts of a machine the removal or alteration of which could have an effect on the accuracy of measurement of the machine shall be sealable. Subsection (1) does not apply to a meter designed for measuring liquid food commodities. Except as otherwise authorized by specifications established by the Minister, a machine shall register in units of volume of liquid at the temperature and pressure of the liquid in the measuring element of the machine. A machine may be tested and calibrated using a liquid other than the liquid that the machine will measure in trade if the test liquid has hydraulic properties similar to the liquid that the machine will measure in trade or the test liquid is used with a correction factor that has been specified by the Minister. Where a machine is incorporated into a measuring system, the component parts of the system, including the liquid supply tank and any pump, piping, valve or delivery hose, shall be installed and used so as not to cause the machine to cease to measure accurately. Unless otherwise authorized by specifications established by the Minister, a machine shall be installed so as to prevent the inter-mixing of liquids therein unless it is a machine approved for that purpose. When a machine is installed in conjunction with piping other than a delivery hose or a short jumper hose, the piping shall be of rigid material. meter means a volumetric liquid measuring machine for use in trade that is of the meter type or incorporates a meter; (compteur) registration includes both visual indication and recorded representation of volume, unit price or monetary value. (enregistrement) The rated maximum flow of a meter shall be such that, when it is tested using refined petroleum products with normal lubricating properties such as kerosene or fuel oil, the meter will measure accurately without abnormal wear, and the meter shall be de-rated if necessary for use on products with lesser lubricating properties. The rated minimum flow of a meter designed to measure liquids other than liquefied gases shall be 20 per cent or less of the rated maximum flow of the meter. Subject to subsection (3), the rated minimum flow of a meter designed to measure liquefied gases shall be 33 per cent or less of the rated maximum flow of the meter. The rated minimum flow of a meter with a rated maximum flow of 90 L or less per minute that is designed to measure liquefied gases and to dispense liquefied gases to motor vehicles shall be 13 L or less per minute. Unless otherwise authorized by specifications established by the Minister, a meter shall have an integral filter or close-coupled strainer appropriate to the type, design and size of the meter. Unless otherwise authorized by specifications established by the Minister, all meters except slow-flow meters and slow-flow dispensers shall have an automatic air-vapour eliminator and a meter for liquefied gases shall also have a combination differential-pressure and back-pressure valve. Any accessory for a liquid meter that can affect the accuracy of the meter shall be sealable. [Revoked, SOR/93-234, s. 2] [Revoked, SOR/90-118, s. 31] Subject to subsection (2), the means of registration on a meter shall be capable of advancement only by the liquid passing through the meter. A meter register may be designed to be reset to zero by mechanical advancement of the register elements if, during the resetting, the elements of registration are obscured until the zero position is reached; or the advancing movement, once started, cannot be stopped until the zero position is reached. The indications on any resettable register, totalizer or ticket printer on a meter that is designed to measure flow in both directions shall advance or reverse according to the flow of the liquid. When a meter has a totalizer or preset register, it shall be clearly differentiated from the delivery register. A resettable register shall have means to return the register accurately to zero, and the money register of a computing type register shall return to zero at the same time that the quantity register is returned to zero. A computing type register shall be designed to prevent any change of the price setting during a delivery and so as to automatically display the unit price at which the register is set to compute. A meter with a rated maximum flow of 350 L or less per minute that is intended to be used to measure and deliver motor fuel to motor vehicles, watercraft and aircraft shall be designed to be inoperable after a delivery until the register is reset to zero. Unless otherwise authorized by specifications established by the Minister, a ticket printer shall be interlocked so that it can print only the quantity delivered; and deliver only the quantity for which a ticket is printed. A meter that has a ticket printer shall be so designed that a jammed ticket can be removed without breaking the examination seals on the means of adjusting the registration. Where an automatic temperature-compensated or other type of compensated register is installed on a meter, an uncompensated register shall also be provided that indicates the uncompensated volume measured by the meter. The purchaser’s cumulative register on a key-operated self-serve meter shall be designed so that it is readily visible to the purchaser at the time of delivery and will permit comparison with the quantity indication of the delivery shown by the primary indicator. A meter shall have a sealable means of adjustment that will permit the meter to be adjusted to within 0.05 per cent of the quantity dispensed through the meter. When a meter is tested for acceptance limits of error at any flow rate between its rated maximum flow and its rated minimum flow using a known test quantity of liquid set out in Column I of an item in the applicable table to sections 265 to 270, the meter is within the acceptance limits of error in respect of that quantity if the quantity registered by the meter does not differ from the known test quantity by an amount in excess of the amount set out in Column II of that item. When a meter is tested for in-service limits of error at any flow rate between its rated maximum flow and its rated minimum flow using a known test quantity of liquid set out in Column I of an item in the applicable table to sections 265 to 270, the meter is within the in-service limits of error in respect of that quantity if the quantity registered by the meter does not differ from the known test quantity by an amount in excess of the amount set out in Column III of that item. Where a meter is tested for acceptance limits of error or in-service limits of error using three consecutive tests conducted at any single rate of flow or at any flow rate of the same pattern that falls between its rated maximum flow and its rated minimum flow, the spread of the test results shall not exceed two fifths of the applicable limit of error for the meter. [Revoked, SOR/90-118, s. 35] Subject to subsection (4), the limits of error set out in the tables to subsections (2) and (3) apply to slow-flow dispensers incorporating either meters or self-measuring pumps, dispensers for motor fuel of the service station type, meters on refuellers for small aircraft and boats, meters on vehicle tanks and to all other meters for use in measuring automotive or petroleum liquids in retail trade and that are not otherwise mentioned in the tables in this Division. The limits of error set out in the following table apply to meters that register in metric units of volume: The limits of error set out in the following table apply to meters that register in Canadian units of volume: The acceptance limits of error set out in Column II of the tables to subsections (2) and (3) apply only to tests made under controlled conditions such as bench tests, and for tests for acceptance limits of error under other conditions, the limits of error set out in Column III of those tables shall apply. Subject to subsections (4) and (5), the limits of error set out in the tables to subsections (2) and (3) apply to all positive displacement bulk volumetric liquid meters, including vehicle-mounted meters, that are designed to measure volumes of 180 litres or more, or 40 gallons or more, of refined petroleum products such as gasoline and fuel oils, foodstuffs such as milk, liquid fertilizers of the solution type such as aqua ammonia, or other liquids of low viscosity. The limits of error set out in the following table apply to meters, generally of a size 65 mm or 2½ inches or smaller that are designed to measure liquids of low viscosity: The limits of error set out in the following table apply to meters, generally of a size 75 mm or three inches or larger that are designed to measure liquids of low viscosity: The acceptance limits of error and in-service limits of error set out in the tables to subsections (2) and (3) apply to known test quantities equal to or greater than that delivered by the meter in one minute at the maximum operating rate. The acceptance limits of error set out in Column II of the tables to subsections (2) and (3) apply only to tests made under controlled conditions such as bench tests and, for tests for acceptance limits of error under other conditions, the limits of error set out in Column III of those tables shall apply. Subject to subsections (4) and (5), the limits of error set out in the tables to subsections (2) and (3) apply to all positive displacement bulk volumetric liquid meters, including vehicle-mounted meters, that are designed to measure volumes of 180 litres or more or 40 gallons or more of heavy petroleum products, such as bunker oils, foodstuffs such as syrups, liquid cattle feed, fertilizers of high specific gravities or other liquids of high viscosity. The limits of error set out in the following table apply to meters, generally of a size 65 mm or 2½ inches or smaller, that are used to measure liquids of high viscosity: The limits of error set out in the following table apply to meters, generally of a size 75 mm or three inches or larger, that are used to measure liquids of high viscosity: The acceptance limits of error and in-service limits of error set out in the tables to subsections (2) and (3) apply to known test quantities equal to or greater than that delivered by the meter in one minute at maximum operating rate. The acceptance limits of error set out in Column II of the tables to subsections (2) and (3) apply only to tests under controlled conditions such as bench tests, and for tests for acceptance limits of error under other conditions, the limits of error set out in Column III of those tables shall apply. Subject to subsection (7), the limits of error set out in the tables to subsections (2) to (6) apply in respect of all meters that are designed to measure liquefied gases at ambient temperatures. The limits of error set out in the table to this subsection apply in respect of meters of a size from 25 mm to 50 mm or one inch to two inches, when tested using the liquefied gases the meters are intended to measure and using a narrow neck metal standard of the vapour displacement type. The limits of error set out in the table to this subsection apply in respect of meters of a size 25 mm or larger or one inch or larger, except meters referred to in paragraph (4)(a), when tested using the liquefied gases the meters are intended to measure and using a pipe prover standard or master meter standard. The limits of error set out in the table to this subsection apply in respect of meters used to dispense liquid propane to motor vehicles, when tested using the liquefied gases the meters are intended to measure and using a pipe prover standard or master meter standard; and meters of a size smaller than 25 mm or one inch, when tested using the liquefied gases the meters are intended to measure and using a pipe prover standard or master meter standard. meters used to dispense liquid propane to motor vehicles, when tested using the liquefied gases the meters are intended to measure and using a gravimetric prover standard; and meters of a size smaller than 25 mm or one inch, when tested using the liquefied gases the meters are intended to measure and using a gravimetric prover standard. The limits of error set out in the table to this subsection apply in respect of meters of a size 25 mm or larger or one inch or larger, except meters referred to in paragraph (5)(a), when tested using the liquefied gases the meters are intended to measure and using a gravimetric prover standard. The acceptance limits of error set out in Column II of the tables to subsections (2) to (6) apply only in respect of tests made under controlled conditions, and for tests made under other conditions the limits of error set out in Column III of those tables apply. Subject to subsection (4), the limits of error set out in the tables to subsections (2) and (3) apply to all slow-flow meters rated at 115 litres per hour or less or 25 gallons per hour or less for use in trade in pipeline systems to measure fuel oil, stove oil or kerosene supplied to furnaces and other heating equipment, or in any other system where the meter is permanently connected to a point of fuel consumption. The limits of error set out in the following table apply to meters designed to operate at 2.25 to 22.5 litres or more per hour or 0.5 to five gallons or more per hour: The limits of error set out in the following table apply to meters designed to operate at 0.10 to 3.4 litres or more per hour or 0.02 to 0.75 gallons or more per hour: The limits of error set out in the tables to subsections (2) and (3) refer to the results of bench tests made in accordance with specifications established by the Minister for slow-flow meters. In this section, API Gravity means the amount obtained using the following formula: (densité API) API Standard means the Manual of Petroleum Measurement Standards, published by the American Petroleum Institute in August, 1980, with the designation “API, Standard 2540”; (norme API) ASTM means the American Society for Testing and Materials; (ASTM) ASTM-IP means the American Society for Testing and Materials — Institute of Petroleum; (ASTM-IP) VCF means, in respect of a mechanical or electronic automatic temperature compensator, the applicable volume correction factor at the temperature of the measured liquid during each test of the compensator, in the column corresponding to the density at 15°C in kilograms per cubic metre for which the compensator is marked or adjusted, or to the density corresponding to the cubical coefficient of thermal expansion, relative density or API gravity for which the compensator is marked or adjusted, that is set out in the case of natural crude oil, in Table 54A of the API Standard, in the case of generalized liquid petroleum products, in Table 54B of the API Standard, and in the case of lubricating oils, in Table 54D of the API Standard, at the temperature of the measured liquid during each test of the compensator, in the column corresponding to the agreed or experimentally determined cubical coefficient of thermal expansion at 15°C for that liquid and for which the compensator is marked or adjusted, that is set out, in the case of special petroleum liquids to which Tables 54A, 54B and 54D of the API Standard are not applicable, in Table 54C of the API Standard, or at the temperature of the measured liquid during each test of the compensator, in the column corresponding to the density at 15°C in grams per litre for which the compensator is marked or adjusted, or to the density corresponding to the cubical coefficient of thermal expansion, relative density or API gravity for which the compensator is marked or adjusted, that is set out, in the case of liquefied petroleum gases, natural gas liquids and asphalts, in Table 54 of the ASTM-IP Petroleum Measurement Tables, with designation ASTM D1250, 1953 Metric Edition. (FCV) Subject to subsections (4) to (6), the limits of error set out in the table to this subsection apply in respect of mechanical automatic temperature compensators used in conjunction with meters in the measurement of liquids. (VCF-0.0010 -0.00018ΔT) to (VCF+0.0010 +0.00009ΔT) (VCF-0.0020 -0.00036ΔT) (VCF+0.0020 +0.00018ΔT) In the table to subsection (2) and in subsections (5) and (7), NET is the corrected registration of the register and GROSS is the uncorrected registration of the register; and ΔT is the difference in degrees Celsius between the test temperature and 15°C where the compensator is used with a meter designed to measure liquids at ambient temperature, or between the test temperature and the mid-range temperature of the compensator, where the compensator is used with a meter designed to measure liquids at temperatures other than ambient temperature, and for the purposes of calculating the limits of error, “ΔT” shall not exceed 15°C except in the case of a compensator used with a meter designed to measure liquids at ambient temperature. The acceptance limits of error set out in Column II of the table to subsection (2) apply only to tests made under controlled conditions, and for tests made under other conditions the limits of error set out in Column III of that table apply. In addition to being within applicable limits of error, the NET/GROSS ratios shall agree within 0.001 on at least two of three consecutive tests at the same temperature under controlled conditions. The limits of error for mechanical automatic temperature compensators submitted for approval pursuant to section 3 of the Act shall be one half the limits of error set out in the table to subsection (2). The limits of error set out in the table to this subsection apply in respect of electronic automatic temperature compensators used in conjunction with meters in the measurement of liquids. Where an automatic temperature compensator referred to in subsection (7) is not marked as described in the definition VCF in subsection (1), the printed ticket, card, bill of lading or other printed record of a transaction shall specify the density, relative density, API gravity or cubical coefficient of thermal expansion, as appropriate, for which the compensator is adjusted, for each delivery by the meter. A meter shall be properly suited to the particular installation in which it is to be used, with respect to pressure, rate of flow, temperature, compatibility with the characteristics of the liquid to be measured and method of use so that, for all normally occurring variations in operating conditions, measurement by the meter remains within the applicable limits of error. The equipment and accessories installed with a meter shall be selected and installed so as to minimize their interference with the proper operation and accuracy of measurement of the meter. The pump suction piping installed with a meter shall be as short and unencumbered as possible and all liquid supply systems associated with a meter shall be arranged to minimize the ingress of air, water or other foreign matter, including any liquid other than the one the meter is intended to measure. A meter and all equipment and accessories associated with it in an installation shall be installed so as to minimize the evolution of dissolved air and gases and to minimize the vaporization of the liquid prior to or during measurement or in the delivery conduit. A meter shall be installed so that it can only be operated when the liquid in the meter is at or above atmospheric pressure, and in any installation where the liquid pressure could fall below atmospheric pressure, a suitable vacuum breaker shall be installed at the outlet of the meter. A meter shall be operated only when the liquid in the meter is at or above atmospheric pressure. When a meter is installed in a measuring system, the system shall be equipped with effective automatic means to minimize the passage of air or vapour through the meter. A meter shall have installed immediately upstream therefrom a screen, strainer, filter, integral filter or such other approved means as will prevent foreign matter from passing through the meter. For the purposes of sections 276 and 277, a close-coupled strainer and automatic air release valve is sufficient in meter installations where only free air or vapour is to be removed from the liquid. The air or vapour eliminator installed with a meter shall minimize the passage of air or vapour through the measuring element of the meter when the supply of liquid is exhausted or appropriate means shall be provided to automatically stop the flow of liquid or to indicate to the person using the meter that air or vapour is passing through the meter. Sealed flow control valves or other means shall be installed with a meter to limit the flow through the meter to its rated maximum flow. Unless a meter is equipped with a reversing register and totalizer in accordance with section 250, it shall be installed so as to minimize any reverse flow through it or the piping or equipment upstream or downstream from it that could affect the accuracy of its measurement. In this section, transfer point means the fixed point in a measuring assembly where transfer of possession of a quantity of liquid contained in the measuring assembly takes place. A meter shall be installed so that the piping between the meter and the transfer point remains full of liquid during and after a transaction unless the liquid, because of its nature, cannot remain in the meter, and in the case of a meter installed to deliver a quantity of liquid, so that the piping downstream of the transfer point shall empty at the completion of the transaction; and in the case of a meter installed to receive a quantity of liquid, so that the piping upstream of the transfer point shall empty at the completion of the transaction. Subject to section 289 and except as otherwise allowed by any additional specifications established pursuant to section 27, a meter shall be installed so that all piping downstream of the meter, where the meter is installed to deliver a quantity of liquid, or all piping upstream of the meter, where the meter is installed to receive a quantity of liquid, may be readily examined; and with only one delivery outlet unless the meter is installed so that diversion of flow is readily apparent to the purchaser or the purchaser’s agent or mandatary by automatic means such as visible valves or lights with explanatory signs that indicate which outlets are in operation, to fuel or defuel aircraft, or to be used exclusively to load vehicle-mounted propane tanks with a capacity greater than 5 000 L. A meter, other than a slow-flow meter, slow-flow dispenser, dispenser of the service station type for motor fuel or a meter equipped with a preset valve, shall have a quick-acting valve installed near its outlet for examination purposes. A meter, other than a slow-flow meter, shall be installed so that it has a convenient means for delivering the measured product when the meter installation is examined. Any automatic valve that can have a throttling effect on the flow of liquid shall be installed downstream from the meter. Unless otherwise authorized by specifications established by the Minister, the outlet end of the delivery hose of a pump-supplied meter shall be equipped with a spring-loaded anti-drain valve or its equivalent. Subsection (1) does not apply to a meter with collapsible hoses used on aircraft refuellers or to a meter designed for defuelling aircraft. The discharge hose installed with a meter supplied by gravity head may be of the dry hose type without a shut-off valve at the discharge end, but it shall be of such length, size and stiffness as to ensure complete drainage and there shall be means provided in the meter system to show the empty condition of the hose and to prevent the meter from draining. Where it is necessary to limit changes in the viscosity of, or the solubility of material dissolved in, the liquid to be measured by the meter, or to limit the rate of change of the temperature or pressure of the liquid to be measured by the meter when the meter is equipped with an automatic compensator, appropriate automatic controls shall be installed in the meter system to permit the meter to measure accurately. The piping on the downstream side of meters may be concealed and the outlets interconnected where the meters are used at pipeline terminals, or exclusively for loading or unloading railway tank cars or loading or unloading tanker ships; and have adequately interlocked manual or automatic valves with means for leakage detection incorporated in the meter systems to prevent the diversion of measured liquid. The piping on the downstream side of the meters may be concealed where the meters have more than one outlet and are used exclusively for refuelling trucks. A meter shall be operated only at flow rates between the rated minimum and maximum flow rates marked on the name plate of the meter. If any part of a meter system is drained for any reason the entire system shall be re-primed and re-filled and the register set to zero before the meter is used for the next measurement. A flow transmitter for input to an electronic data processing system may be attached to a liquid meter and the output from the data processing system used for invoicing purposes if the purchaser of the liquid being measured or their agent or mandatary is given a printed copy of the data recorded by the data processing system before they leave the trader’s premises. A flow transmitter may be installed at a key-operated self-service meter installation to drive the auxiliary accumulative totalizers for individual customers if the purchaser of the liquid being measured is able to visually check the advance of their totalizer against the indication of the primary indicator at the time of delivery of the liquid. Where a meter mounted on a vehicle tank is used in circumstances where the purchaser does not normally view the meter during delivery of a liquid, the meter shall be equipped with an interlocked ticket printer that shall be used for each delivery of the liquid. Tickets used with a meter equipped with an automatic temperature or other compensator shall bear statements that the volume indicated thereon has been adjusted to correspond to an equivalent volume at a standard condition stated on the ticket. [Repealed, SOR/2014-111, s. 38] A measuring tank and its piping system and any equipment or accessories that can affect its accuracy of measurement shall be of such design, composition and construction that when a delivery is made from any capacity indication, the quantity of liquid delivered through any discharge valve rigidly connected to the measuring tank is within the prescribed limits of error for the measuring tank. The shells or bulkheads of a measuring tank shall consist of such material and be so constructed that they will not become distorted under any condition of loading under normal conditions of use. A measuring tank shall have an effective means of automatic venting to permit the free passage of air into and out of the measuring tank when it is emptied and filled. Subject to section 320, there shall be no pipe or other flow connection between two or more measuring tanks that are separately calibrated, but a battery of calibrated measuring tanks may be connected to a common discharge manifold that prevents flow from one measuring tank to another. The capacity indicators on a measuring tank shall consist of graduations on or adjacent to a gauge glass or tube; or appropriate internal capacity indicators. A capacity indicator shall only be installed in a measuring tank at any level where a quantity of liquid equal to the limit of error referred to in section 325 for the indicated quantity causes the liquid at that level to rise by at least 2.5 mm or 3/32 of an inch. A maximum capacity indicator shall be positioned to allow a volume equal to at least one per cent of the capacity of the measuring tank for the thermal expansion of the liquid. When an internal capacity indicator is installed in a measuring tank, the indicator shall be attached to a permanent section of the measuring tank; and a means shall be provided to attach a seal on the indicator.

A measuring tank equipped with an internal capacity indicator shall have a suitable opening for the convenient installation, adjustment and sealing of the indicator assembly and the capacity indicator shall be located so that it can be seen under normal conditions of use. Gauge glass fittings shall not, except on measuring tanks for liquefied gases, be of the ball check type or be of any type designed to prevent loss of liquid in case of glass breakage, but a bottom gauge glass fitting may include an emergency valve if means are provided thereon to allow an inspector to seal the valve in the open position. The discharge hose on a measuring tank that discharges by gravity shall normally be of the dry hose type, without a shut-off valve at its discharge end, shall be of such length, size and stiffness as will ensure its complete drainage and shall be provided with a means to indicate when all of the measured liquid has been delivered thereby. A measuring tank that discharges through a pump shall have an automatic means of ensuring that the quantity of liquid in the pump suction and discharge lines remains constant; and all the measured liquid is delivered through the pump. Subsection (1) does not apply to a measuring tank used for bunker oils and similar liquids. A fixed measuring tank shall have suitably installed and identified levelling ledges that will permit the detection of any tilting of the measuring tank from the position in which it was calibrated. A portable measuring tank shall be equipped with permanent level gauges to enable it to be levelled for examination and use. A portable measuring tank with a gauge glass shall be equipped with levelling jacks to enable it to be levelled for examination and use. A vehicle tank shall be designed so as to permit the complete discharge of the contents of the tank and piping when the vehicle is on a surface that is within three degrees of level or shall be equipped with clearly defined and appropriately located means to indicate when an off-level position will prevent the tank and the piping from filling or draining properly. An internal capacity indicator on a vehicle tank shall be centrally located in the tank or compartment, affixed to a mounting bracket on the dome neck by brazing, welding or bolts and shall be sealable. When two or more capacity indicators on a vehicle tank are affixed to a mounting bracket, the bracket shall be held in a vertical position by a suitable brace or other reinforcement. Internal capacity indicators on a vehicle tank shall be adjustable in increments of 0.8 mm or 1/32 inch or less. When a vehicle tank is composed of two or more separate measuring compartments, any space between the compartments shall be equipped with drains capable of indicating leakage into the space. The outlet piping from a vehicle tank may be split into a bottom-fill connection and a drain connection, but where the bottom loading stub can trap air in excess of 0.125 per cent of the capacity of the tank to the lowest marker when the tank is filled from the top, the tank shall be calibrated for top-fill. Subject to subsection (2), a common manifold connected to a vehicle tank may be split into two sections separated by means of a valve if the valve is designed so that it cannot be left in any open position. A gate valve may be used in place of the valve referred to in subsection (1) if the volume that can be diverted by leaving the gate valve open does not exceed 0.125 per cent of the capacity of the smallest tank connected to the manifold. The piping on a vehicle tank restricted for use with bunker oil may be concealed by insulation or by parts of the tank to prevent the bunker oil from congealing. Individual compartments on a vehicle tank restricted for use with bunker oil may be connected to a common discharge manifold without any automatic means of preventing flow between the compartments. A measuring tank shall be tested and calibrated with a liquid that has a thermal expansion coefficient, volatility and viscosity not greater than those of domestic furnace fuel oil and that will not have a corrosive effect on the tank. A measuring tank shall be tested and calibrated when all necessary supports have been installed and it is resting in the position in which it is designed to be used. A measuring tank, other than a vehicle tank, shall be calibrated to a valve immediately adjacent to the outlet connection on the tank. Unless otherwise authorized by specifications established by the Minister, a measuring tank that has a gauge glass or a slip type gauge shall not be calibrated for a delivery of less than 50 per cent of the measuring tank capacity. Subject to subsection (5), when a measuring tank is tested for acceptance limits of error using a known test volume determined in relation to a relevant local standard and set out in Column I of an item of a table to subsection (3) or (4), the measuring tank is within the acceptance limits of error in respect of that known test volume if the actual volume of the measuring tank does not exceed the test volume by an amount in excess of the amount set out in Column II of that item; and is not less than the test volume by an amount in excess of the amount set out in Column II of that item. Subject to subsection (5), when a measuring tank is tested for in-service limits of error using a known test volume determined in relation to a relevant local standard and set out in Column I of an item of a table to subsection (3) or (4), the measuring tank is within the in-service limits of error in respect of that known test volume if the actual volume of the measuring tank does not exceed the test volume by an amount in excess of the amount set out in Column III of that item; and is not less than the test volume by an amount in excess of the amount set out in Column III of that item. Subject to subsection (5), the limits of error set out in the table to this subsection apply to all measuring tanks that are calibrated in terms of metric units of volume. Subject to subsection (5), the limits of error set out in the table to this subsection apply to all measuring tanks that are calibrated in terms of Canadian units of volume. The limits of error for a measuring tank that is designed for use in measuring liquefied gases are twice the applicable limits of error set out in the table to subsection (3) or (4). The limits of error set out in the tables to subsections (3) and (4) refer to the total inaccuracy of measurement by the measuring tank, including errors due to entrapment of air or liquid by parts of the measuring tank or its associated piping, equipment or accessories during filling or emptying. A vehicle tank shall be tested to ensure that air or liquid is not trapped therein in excess of 0.125 per cent of the capacity of the tank under conditions of normal use. A fixed measuring tank shall be installed on substantial supports adequate to ensure that the position of the measuring tank remains constant and level with reference to the levelling ledges. A fixed measuring tank shall be level when filled, as shown by the levels installed on the tank or by the levelling ledges, and, when in use, a portable measuring tank or vehicle tank shall be filled and emptied when it is as close to level conditions as possible. When a measuring tank is being filled, care shall be taken to minimize the possibility of air being trapped in the piping or entrained in the liquid. A measuring tank shall not be used for deliveries of quantities between internal capacity indicators. A vehicle tank not equipped with level gauges shall, when being used to measure, be on a surface that is within three degrees of level. A vehicle tank that is equipped with level gauges shall, when being used to measure, be level within the limits marked on the level gauges. A vehicle tank shall be supported in a manner that will not distort the tank when the vehicle is driven under conditions of normal use. If emergency valves are installed on a vehicle tank calibrated with wet lines, they shall be open when the tank is being filled. The units of measurement described in Column I of an item in the following table and defined in Column II of that item may be used for the particular purpose described in Column III of that item: In this Division, meter means a volumetric liquid measuring machine for use in the retail trade of gasoline or diesel fuel. Subject to subsections (3), (4), (5) and (7), only the unit of measurement set out in column I of an item in the following table shall be used for offering, advertising or displaying gasoline or diesel fuel for retail trade in terms of the price per unit of measurement during the period of time set out in column II of that item: On the coming into force of this Part, any retail outlet may continue to offer, advertise or display gasoline or diesel fuel by the litre if it did so prior to the coming into force of this Part. Up to and including December 31, 1980, where a price per unit of measurement of gasoline or diesel fuel is displayed in a meter, the half-gallon may be the unit of measurement so displayed in the meter if the price of the commodity exceeds 99.9 cents per gallon; and when the monetary value shown on the meter at the end of each transaction is multiplied by a factor of 2, the total price to be paid is in mathematical agreement with the quantity indication and unit price. A retail outlet situated outside a metropolitan government area, city, town or other urban municipality, and serving a sparsely populated area may, during 1981 or any year thereafter, continue to offer, advertise or display gasoline or diesel fuel for retail trade by the gallon, or where a price per unit of measurement of gasoline or diesel fuel is displayed in a meter, display in the meter the half-gallon as that unit of measurement provided the conditions of paragraphs (4)(a) and (b) are met if, in the preceding year, total retail sales of gasoline and diesel fuel of that retail outlet did not exceed 100,000 gallons. The mathematical agreement requirement of section 140 and the unit price display requirement of section 253 do not apply to a meter where a price per half-gallon is displayed in the meter and the requirements of subsection (4) or (5), whichever is applicable, are met. Where, pursuant to subsection (4) or (5), whichever is applicable, the price displayed in a meter is a price per half-gallon, the gallon shall be the unit of measurement used by that retail outlet for otherwise offering, advertising or displaying gasoline or diesel fuel for retail trade. area means a geographic area, as it existed on October 1, 1978, described in column I of an item of the table to section 341 and includes any city, town, municipality or unorganized region geographically situated totally or partially in such area; (régions) commodity means a commodity in respect of which this Division applies; (marchandise) individually measured commodity has the meaning set out in section 45. (marchandise mesurée individuellement) This Division applies in respect of any food that is an individually measured commodity, including, without restricting the generality of the foregoing, meat, fish, cheese, produce, nuts, candy and confections. Subject to subsection (2) and section 340, in each area described in column I of an item of the table to section 341, on and after the date set out in column II of that item, only metric units of measurement shall be used for advertising a commodity for retail trade in terms of price per unit of measurement. In each area described in column I of an item of the table to section 341, during the periods commencing on the dates set out in column II of that item and ending on December 31, 1985, a Canadian unit of measurement may be used for advertising a commodity for retail trade in terms of price per unit of measurement if the equivalent price per metric unit of measurement is shown in a manner more prominent than the Canadian unit of measurement. Subject to section 340, in each area described in column I of an item of the table to section 341, on and after the date set out in column III of that item, no device shall be used in the retail trade of a commodity unless it is capable of weighing or measuring in terms of metric units of measurement. No metric unit of measurement of mass or weight or any multiple or subdivision thereof shall be used for offering, advertising or displaying a commodity for retail trade in terms of price per unit of measurement other than the unit or subdivision thereof set out in the following expressions: price per kilogram; or price per one hundred grams. Subject to subsection 338(2), in each area described in column I of an item of the following table, on and after the date set out in column III of that item, Canadian units of measurement shall not be used in the retail trade of a commodity: floor covering means any floor covering or constituent part thereof for a home, whether partial or wall-to-wall, and includes resilient floor coverings, tiles, carpets, rugs, undercushions and underpaddings; (couvre-plancher) household textile means any product for use in a home made in whole or in part from a textile fibre, yarn or fabric, except draperies and curtains and their liners, and includes such products for use on beds or tables, furniture, covers for furniture, appliances or bathroom fixtures, including throws and slip-covers, and towels, dishcloths and bath mats; (textile de maison) narrow fabric has the meaning set out in section 2 of the Textile Labelling and Advertising Regulations; (article de rubanerie) piece good means a fabric sold by unit of measurement, and includes a narrow fabric; (tissu à la pièce) textile fibre has the meaning set out in section 2 of the Textile Labelling Act. (fibre textile) After December 31, 1979, units of measurement set out in Schedule II to the Act shall not be used in the retail trade of piece goods. Subject to subsection (2) and section 345, after December 31, 1979, units of measurement set out in Schedule II to the Act shall not be used in the retail trade of floor coverings, household textiles or wallpaper. Subject to section 345, after December 31, 1979, units of measurement set out in Schedule II to the Act may be used in the retail trade of floor coverings, household textiles or wallpaper if the equivalent metric units of measurement are shown in a manner at least as prominent as the units of measurement set out in Schedule II to the Act. During 1980, section 344 does not apply to a catalogue; the label of a commodity that prior to January 1, 1980 is in transit, in a warehouse or received by the retailer; or advertising outside of retail premises. After December 31, 1980, subsection 344(2) does not apply to any advertising of floor coverings, household textiles or wallpaper. The contravention of a provision of the Act or these Regulations set out in column 1 of Part 1 or 2, respectively, of Schedule VI may be proceeded with as a violation in accordance with sections 22.1 to 22.28 of the Act. The violation of each provision set out in column 1 of Part 1 or 2 of Schedule VI is classified as a minor, serious or very serious violation in accordance with the classification set out in column 2. The amount of the penalty in respect of each violation is, subject to subsection (2), $250, for a minor violation; $500, for a serious violation; and $1,000, for a very serious violation. The amount of the penalty is to be adjusted in accordance with the calculation set out in column 2 of Schedule VII that corresponds to the history set out in column 1 of the person who has committed the violation. For the purposes of determining a person’s history, the points set out in column 3 of Part 1 or 2 of Schedule VI are assigned for each violation of a provision set out in column 1. The notice of violation is to set out that an amount equal to 50% of the penalty may be paid as complete satisfaction of the penalty if it is paid within the period referred to in subsection 351(1) and in the manner set out in the notice of violation in accordance with subsection 351(6). If the Minister enters into a compliance agreement under subsection 22.13(1) of the Act, the conditions of which include the making of expenditures by a person, the amount of the penalty set out in the notice of violation is to be reduced by an amount equal to one half of the expenditures made in fulfilment of the agreement, with a maximum reduction to nil. For the purposes of paragraph 22.11(2)(e) of the Act, payment is to be made within 15 days after the day on which the person is provided with the notice of violation. For the purposes of subsection 22.12(1) of the Act, payment of the penalty set out in the notice of violation is to be made within 30 days after the day on which the person is provided with the notice. For the purposes of paragraph 22.13(4)(a) of the Act, payment is to be made within 15 days after the day on which the person is provided with the notice of default. For the purposes of subsection 22.14(1) of the Act, payment is to be made within 15 days after the day on which the person is provided with the Minister’s notice. For the purposes of subsection 22.15(3) of the Act, payment is to be made within 15 days after the day on which the person is provided with notice of the Minister’s decision under subsection 22.15(1) or (2) of the Act. A payment referred to in any of subsections (1) to (5) is to be made in one of the following manners, as set out in the applicable notice: by means of a certified cheque or money order made payable to the Receiver General for Canada and submitted to a Measurement Canada office [Repealed, SOR/2017-17, s. 18] by registered mail, or by courier; or by electronic means. The date of payment is the day on which it is sent. A request under paragraph 22.12(2)(a) or (b) of the Act shall be made, as set out in the notice, by submitting the following information in writing to a Measurement Canada office in person, by registered mail or courier or by electronic means within 30 days after the day on which the person is provided with the notice of violation: the notice of violation number, as set out in the notice; the person’s name, mailing address, email address, telephone number, facsimile number and contact person, if any; an indication of whether the person prefers to communicate in English or French; in the case of a request made under paragraph 22.12(2)(a) of the Act, a proposal detailing the corrective action that will be taken to ensure the person’s compliance with the provision to which the violation relates; and in the case of a request made under paragraph 22.12(2)(b) of the Act, the person’s reasons for requesting the review. [Repealed, SOR/2017-17, s. 19] The date of the request is the day on which it is submitted, if it is submitted in person; or the day on which it is sent, if it is sent by registered mail, courier or electronic means. Where a quantity is not listed in column I of this Part, the limits of error for that quantity shall be determined by linear interpolation. For the purposes of paragraph 52(4)(a), the formula for adjusting the sample mean to determine the weighted average quantity of the units in the sample is as follows: is the weighted average quantity of the units in the sample is the sample mean calculated as follows: is the sum of the net quantities of all units in the sample is the value determined in accordance with Part III for the selected sample size is the number of units in the sample is the standard deviation of the sample, calculated as follows: is the sum of the squared differences between the sample mean and the net quantity of each unit in the sample. The value of (t ÷ √n) may, instead of being calculated in accordance with this Part, be determined using the applicable value set out in column III of the table to Part III. Where a sample size is selected that is not listed in column I of this table and lies between 32 and 125, the value of t will be determined by linear interpolation as follows: is the value of t for the closest sample size below the selected sample size is the value of t for the closest sample size above the selected sample size is the result of 120 divided by the closest sample size below the selected sample size is the result of 120 divided by the closest sample size above the selected sample size is the result of 120 divided divided by the selected size Where all units in a lot are selected to constitute a sample, zero shall be used as the value of t and (t ÷ √n). Minimum number of units in the sample that result in the lot not meeting the requirements of the Act and these Regulations respecting the statement of quantity. more than 20 L but less than 2 700 L 2 700 L or more less than 100 L/min 100 L/min or more more than 1 000 kg but not more than 4 000 kg more than 4 000 kg