Vol. 139, No. 20 — October 5, 2005

Registration
SI/2005-85 October 5, 2005

WEIGHTS AND MEASURES ACT

Order Amending the Specifications Relating to Non-Automatic Weighing Devices (1998)

The Minister of Industry, pursuant to paragraph 10(1)(i) (see footnote a) of the Weights and Measures Act and sections 13 (see footnote b) and 27 (see footnote c) of the Weights and Measures Regulations (see footnote d), hereby makes the annexed Order Amending the Specifications Relating to Non-Automatic Weighing Devices (1998).

Ottawa, August 31, 2005

David Emerson
Minister of Industry

ORDER AMENDING THE SPECIFICATIONS RELATING TO NON-AUTOMATIC WEIGHING DEVICES (1998)

AMENDMENTS

1. The definition "metrological function" in subsection 1(1) of the Specifications Relating to Non-automatic Weighing Devices (1998) (see footnote 1) is replaced by the following:

"metrological function" means a function of a weighing device that is necessary for the measurement process — including the sensing of the measured quantity, the transmission, processing, storage and correction or adjustment of measurement signals or values and the indication or printing of measurement values — and that can impact on the final quantity determination or price calculation or affect the validity of transactions. Metrological functions include, but are not limited to,

2. The portion of subsection 2(2) of the Specifications before paragraph (a) is replaced by the following:

(2) A non-automatic weighing device that, before June 15, 1998, was approved under subsection 3(1) of the Weights and Measures Act or inspected under the terms of a previous enactment — or whose class, type or design was so approved —

3. Subparagraph 14(b)(iii) of the Specifications is replaced by the following:

4. Section 30 of the French version of the Specifications is replaced by the following:

30. L'appareil de pesage doit être conçu, composé et construit de manière à pouvoir maintenir sa précision et à ne pas faciliter la perpétration de fraudes, dans des conditions normales d'utilisation.

5. (1) Paragraph 31(1)(d) of the French version of the Specifications is replaced by the following:

d) à ne pas faciliter la perpétration de fraudes.

(2) Subsection 31(2) of the Specifications is repealed and subsection 31(1) of the Specifications is renumbered as section 31.

6. Section 33 of the Specifications is replaced by the following:

33. Equipment and accessories attached to or used in conjunction with a weighing device shall not cause any alteration or degradation of the metrological functions of the device or facilitate the perpetration of fraud.

7. (1) The portion of subsection 55(1) of the English version of the Specifications before paragraph (a) is replaced by the following:

55. (1) A weighing device and any equipment and accessories attached to or used in conjunction with the device shall be installed and used in a manner that

(2) Paragraph 55(1)(b) of the French version of the Specifications is replaced by the following:

b) à ne pas faciliter la perpétration de fraudes;

8. The heading "Minimum "net" load in verification scale interval" of column III of the table to section 62 of the English version of the Specifications is replaced by the heading "Minimum net load expressed as a number of verification scale intervals".

COMING INTO FORCE

9. This Order comes into force on the day on which it is registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Description

The Weights and Measures Act, its Regulations, and the related specifications provide for legal units of measurement, the use of approved and inspected weighing and measuring devices that meet specified technical requirements and the accurate measurement of goods and services in commercial transactions where measurement forms the basis of the transaction.

This initiative contains amendments to the Specifications Relating to Non-automatic Weighing Devices (1998) that stem from observations made by the Standing Joint Committee for the Scrutiny of Regulations.

The minor modifications intend to ensure conformity between the English and French versions of the Specifications, to clarify certain sections and to prevent any possible confusion.

Alternatives

There is no alternative to regulation due to the fact this initiative intends to amend an existing statutory instrument.

The alternative to making these amendments is to maintain the status quo. However, in order to maintain effective requirements for commercial transactions that are based on measurement, requirements must be kept accurate and clear. Such an alternative is, therefore, undesirable as it would require maintaining requirements that are either inaccurate or that could benefit from added clarity.

Benefits and Costs

These amendments to the Specifications Relating to Non-automatic Weighing Devices (1998) will address comments made by the Standing Joint Committee for the Scrutiny of Regulations and, in doing so, will improve the accuracy and clarity of the Specifications.

The only costs to be incurred by the department are the administrative costs associated with processing these amendments. There will be no costs to the Canadian public nor to Canadian industry.

Consultation

More than forty stakeholders have been consulted on the proposed amendments. Proposed modifications were also posted on Measurement Canada's Web site in order to allow interested stakeholders to provide feedback. Stakeholders did not disagree with the proposed changes.

The proposed amendments were published in the Canada Gazette, Part I, on April 30, 2005, for a 30-day consultation period. No comments were received during that period of consultation.

Compliance and Enforcement

The amendments will have no effect on enforcement activities and will not require the introduction of any new compliance or enforcement mechanisms.

Contact

Gilles Vinet
Vice-President
Program Development Directorate
Measurement Canada
Industry Canada
Standards Building, Tunney's Pasture
Holland Avenue
Ottawa, Ontario
K1A 0C9
Telephone: (613) 941-8918
FAX: (613) 952-1736
E-mail: vinet.gilles@ic.gc.ca

Footnote a

S.C. 1993, c. 34, s. 136

Footnote b

SOR/93-234

Footnote c

SOR/93-234

Footnote d

C.R.C., c. 1605

Footnote 1

SI/98-81

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