GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Weights and Measures Act — W-6 22
Regulations 22 The Governor in Council may make regulations (a) designating any provision of this Act — other than paragraph 29(b), subsections 30(1) and 31(2) and section 32 — or of the regulations as a provision whose contravention may be proceeded with as a violation in accordance with sections 22.1 to 22.28 ; (b) establishing a penalty, or a range of penalties, in respect of each violation; (c) establishing criteria to be considered in determining the amount of the penalty if a range of penalties is established; (d) classifying each violation as a minor violation, a serious violation or a very serious violation; (e) respecting the circumstances under which, the criteria by which and the manner in which the amount of a penalty may be increased or reduced in whole or in part; and (f) respecting a lesser amount that may be paid as complete satisfaction of a penalty if it is paid within the prescribed time and in the prescribed manner, including the circumstances in which the lesser amount may be set out in a notice of violation. R.S., 1985, c. W-6, s. 22; 2011, c. 3, s. 19
Weights and Measures Act — W-6 22.1
Commission of violation 22.1 (1) Every person who contravenes a provision designated under paragraph 22 (a) commits a violation and is liable to a penalty established in accordance with the regulations. Purpose of penalty (2) The purpose of a penalty is to promote compliance with this Act and not to punish. Maximum penalty (3) The maximum penalty for a violation is $2,000. 2011, c. 3, s. 19
Weights and Measures Act — W-6 22.11
Notice of violation 22.11 (1) An inspector may issue a notice of violation and cause it to be provided to a person if the inspector has reasonable grounds to believe that the person has committed a violation. Contents of notice (2) The notice of violation must (a) name the person believed to have committed the violation; (b) identify the acts or omissions that constitute the alleged violation; (c) set out the penalty for the violation that the person is liable to pay; (d) set out the particulars concerning the time and manner of payment; and (e) subject to the regulations, set out a lesser amount that may be paid as complete satisfaction of the penalty if it is paid within the prescribed time and in the prescribed manner that are set out in the notice. Summary of rights (3) A notice of violation must clearly summarize, in plain language, the rights and obligations under this section and sections 22.12 to 22.25 of the person to whom it is provided, including the right to request a review of the acts or omissions that constitute the alleged violation or of the amount of the penalty and the procedure for requesting the review. Short-form descriptions (4) The Minister may establish a short-form description of each violation to be used in notices of violation. 2011, c. 3, s. 19
Weights and Measures Act — W-6 22.12
Effect of payment 22.12 (1) If the person who is named in a notice of violation pays, within the prescribed time and in the prescribed manner that are set out in the notice, the amount of the penalty — or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty — set out in the notice, (a) they are deemed to have committed the violation to which the amount paid relates; (b) the Minister shall accept that amount as complete satisfaction of the penalty; and (c) the proceedings commenced in respect of the violation under section 22.11 are ended. Alternatives to payment (2) Instead of paying the penalty or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty, the person who is named in the notice may, within the prescribed time and in the prescribed manner that are set out in the notice, (a) request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the provision to which the violation relates, if the penalty is $1,000 or more; or (b) request a review by the Minister of the acts or omissions that constitute the alleged violation or the amount of the penalty. Deeming (3) If the person who is named in the notice does not pay the penalty, or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty, within the prescribed time and in the prescribed manner and does not exercise any right referred to in subsection (2) within the prescribed time and in the prescribed manner, the person is deemed to have committed the violation identified in the notice. 2011, c. 3, s. 19
Weights and Measures Act — W-6 22.13
Compliance agreements 22.13 (1) After considering a request made under paragraph 22.12 (2)(a), the Minister may enter into a compliance agreement, as described in that paragraph, with the person making the request on any conditions that are satisfactory to the Minister, which conditions may (a) include a provision for the giving of reasonable security, in a form and in an amount that are satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and (b) provide for the reduction, in whole or in part, of the amount of the penalty for the violation. Deeming (2) A person who enters into a compliance agreement with the Minister is, on doing so, deemed to have committed the violation to which the compliance agreement relates, and the proceedings commenced in respect of the violation under section 22.11 are ended. If compliance agreement complied with (3) If the Minister is of the opinion that a person who has entered into a compliance agreement has complied with it, the Minister shall cause the person to be provided with a notice to that effect, at which time any security given by the person under that agreement shall be returned to the person. If compliance agreement not complied with (4) If the Minister is of the opinion that a person who has entered into a compliance agreement has not complied with it, the Minister shall cause the person to be provided with a notice of default to the effect that (a) instead of the penalty set out in the compliance agreement, the person is liable to pay, within the prescribed time and in the prescribed manner set out in the notice of default, twice the amount of the penalty set out in the notice of violation and, for greater certainty, subsection 22.1 (3) does not apply in respect of that amount; or (b) the security, if any, given by the person under the compliance agreement is forfeited to Her Majesty in right of Canada. Effect of notice of default (5) Once they have been provided with the notice of default, the person shall pay the amount set out in it or, if the notice provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada. Effect of payment (6) If the person pays the amount set out in a notice of default under paragraph (4)(a) within the prescribed time and in the prescribed manner that are set out in the notice, (a) the Minister shall accept the amount as complete satisfaction of the amount owing; and (b) the compliance agreement entered into under subsection (2) terminates. 2011, c. 3, s. 19
Weights and Measures Act — W-6 22.14
Refusal to enter into compliance agreement 22.14 (1) If the Minister refuses to enter into a compliance agreement after considering a request made under paragraph 22.12 (2)(a), the Minister shall cause the person to be provided with a notice to that effect and the person who is named in the notice is liable to pay the amount of the penalty within the prescribed time and in the prescribed manner that are set out in the notice. Effect of payment (2) If the person pays the amount within the prescribed time and in the prescribed manner (a) they are deemed to have committed the violation to which the amount paid relates; (b) the Minister shall accept the amount as complete satisfaction of the penalty; and (c) the proceedings commenced in respect of the violation under section 22.11 are ended. Deeming (3) If the person does not pay the amount within the prescribed time and in the prescribed manner that are set out in the notice, they are deemed to have committed the violation. 2011, c. 3, s. 19
Weights and Measures Act — W-6 22.15
Review — violation 22.15 (1) After completing a review requested under paragraph 22.12 (2)(b) with respect to the acts or omissions that constitute the alleged violation identified in the notice of violation, the Minister shall determine whether the person who is named in the notice committed the violation and, if the Minister determines that the person did so but considers that the amount of the penalty for the violation was not established in accordance with the regulations, the Minister shall correct that amount and cause the person to be provided with a notice of the Minister’s decision. Review — penalty (2) After completing a review requested under paragraph 22.12 (2)(b) with respect to the amount of the penalty set out in the notice of violation, the Minister shall determine whether the amount of the penalty was established in accordance with the regulations and, if the Minister determines that it was not, the Minister shall correct that amount and cause the person to be provided with a notice of the Minister’s decision. Payment (3) The person who is provided with a notice of the Minister’s decision is liable to pay the amount of the penalty that is set out in it within the prescribed time and in the prescribed manner that are set out in the notice. Effect of payment (4) If the person pays the amount of the penalty that is set out in the notice of the Minister’s decision within the prescribed time and in the prescribed manner that are set out in the notice, (a) the Minister shall accept the amount as complete satisfaction of the penalty; and (b) the proceedings commenced in respect of the violation under section 22.11 are ended. Submissions in writing (5) The Minister is to consider only written evidence and written submissions in determining whether a person committed a violation or whether the amount of a penalty was established in accordance with the regulations. 2011, c. 3, s. 19
Weights and Measures Act — W-6 22.16
Debts to Her Majesty 22.16 (1) The following amounts are debts due to Her Majesty in right of Canada that may be recovered in the Federal Court: (a) the amount of a penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless a request is made to enter into a compliance agreement with the Minister or to have the Minister review the acts or omissions that constitute the violation or the amount of the penalty; (b) every amount set out in a compliance agreement entered into with the Minister under subsection 22.13 (1), beginning on the day specified in that agreement or, if no day is specified, beginning on the day on which the agreement is entered into; (c) the amount set out in a notice of default referred to in subsection 22.13 (4), beginning on the day specified in the notice; (d) the amount of a penalty set out in the Minister’s notice under subsection 22.14(1) or in the notice of the Minister’s decision made under subsection 22.15 (1) or (2), beginning on the day specified in the notice; and (e) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in any of paragraphs (a) to (d). Limitation period or prescription (2) No proceedings to recover such a debt may be commenced later than five years after the debt becomes payable. Debt final (3) The debt is final and may not be reviewed, restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 22.12 to 22.15 . 2011, c. 3, s. 19
Weights and Measures Act — W-6 22.17
Certificate of default 22.17 (1) The Minister may issue a certificate certifying the unpaid amount of any debt referred to in subsection 22.16 (1). Effect of registration (2) Registration in the Federal Court of the certificate has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs. 2011, c. 3, s. 19
Weights and Measures Act — W-6 22.18
Violations not offences 22.18 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply. 2011, c. 3, s. 19
Weights and Measures Act — W-6 22.19
Due diligence defence 22.19 (1) A person shall not be found to be liable for a violation if they establish that they exercised due diligence to prevent the commission of the violation. Common law principles (2) Every rule and principle of the common law that renders any circumstance a justification or an excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act. 2011, c. 3, s. 19
Weights and Measures Act — W-6 22.2
Burden of proof 22.2 In every case where the Minister is to determine whether a person who is named in a notice of violation committed any violation identified in it, the Minister shall do so on a balance of probabilities. 2011, c. 3, s. 19
Weights and Measures Act — W-6 22.21
Offences by corporate officers, etc. 22.21 If a person other than an individual commits a violation under this Act, any of the person’s officers, directors, agents or mandataries who directs, authorizes, assents to or acquiesces or participates in the commission of the violation is a party to and liable for the violation whether or not the person who actually committed it is proceeded against in accordance with this Act. 2011, c. 3, s. 19
Weights and Measures Act — W-6 22.22
Vicarious liability — acts of employees, agents and mandataries 22.22 A person is liable for a violation that is committed by their employee, agent or mandatary who is acting in the course of the employee’s employment or within the scope of the agent’s or mandatary’s authority, whether or not the employee, agent or mandatary who actually committed the violation is identified or proceeded against in accordance with this Act. 2011, c. 3, s. 19
Weights and Measures Act — W-6 22.23
Continuing violation 22.23 A violation that is continued on more than one day constitutes a separate violation in respect of each day during which it is continued. 2011, c. 3, s. 19
Weights and Measures Act — W-6 22.24
Evidence 22.24 In any proceeding for a violation, a notice of violation purporting to be issued under subsection 22.11(1) and a certificate purporting to be issued under paragraph 19(1)(a) are admissible in evidence without proof of the signature or official character of the person appearing to have signed it. 2011, c. 3, s. 19
Weights and Measures Act — W-6 22.25
Limitation period or prescription 22.25 No proceedings in respect of a violation may be commenced later than six months after the day on which an inspector becomes aware of the acts or omissions that constitute the alleged violation. 2011, c. 3, s. 19
Weights and Measures Act — W-6 22.26
Certification by Minister 22.26 A document appearing to have been issued by the Minister and certifying the day on which the acts or omissions that constitute the alleged violation became known to an inspector is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof that the inspector became aware of the acts or omissions on that day. 2011, c. 3, s. 19
Weights and Measures Act — W-6 22.27
Information may be made public 22.27 The Minister may make public (a) the name and business address of a person who enters into a compliance agreement, the nature of the compliance agreement — including the acts or omissions and provisions at issue, the conditions included in the compliance agreement and the amount payable under it, if any; or (b) the name and business address of a person who is deemed to have committed a violation or who the Minister determined committed a violation, the acts or omissions and provisions at issue, and the amount payable as a result, if any. 2011, c. 3, s. 19
Weights and Measures Act — W-6 22.28
How act or omission may be proceeded with 22.28 If an act or omission may be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other. 2011, c. 3, s. 19
Weights and Measures Act — W-6 23
Prohibited use of devices 23 Every trader is guilty of an offence who uses a device in trade for any purpose or in any manner that is prohibited (a) in the certificate issued under paragraph 19(1)(a) at the time of the most recent examination made under this Act; or (b) in the approval of that device pursuant to section 3. R.S., 1985, c. W-6, s. 23; 2011, c. 3, s. 20
Weights and Measures Act — W-6 24
Non-compliance with regulations by trader 24 Every trader is guilty of an offence who uses, or has in his possession for use, in trade, any device that (a) is not installed in accordance with the requirements of the regulations; or (b) does not measure units of measurement within the limits of error prescribed. R.S., 1985, c. W-6, s. 24; 2011, c. 3, s. 21(F)
Weights and Measures Act — W-6 25
Examination within prescribed period 25 Every trader who fails to cause a device to be examined as required by subsection 15 (1) is guilty of an offence. R.S., 1985, c. W-6, s. 25; 2011, c. 3, s. 22
Weights and Measures Act — W-6 26
Unlawful disposition of devices 26 (1) Every dealer is guilty of an offence who sells or otherwise disposes of, or leases, any device that (a) has not been marked as prescribed; (b) in the case of a static measure, is not of a class, type or design that has been approved for use in trade pursuant to section 3; or (c) in the case of a device other than a static measure, has not been examined in the manner and circumstances prescribed. Importation of devices (2) Every dealer or trader who in the course of the business of that dealer or trader imports into Canada any device, other than a static measure, without notifying the Minister as prescribed is guilty of an offence. R.S., 1985, c. W-6, s. 26; 2011, c. 3, s. 29, c. 21, s. 158
Weights and Measures Act — W-6 27
Alteration, adjustment and replacement of odometers 27 (1) Every person is guilty of an offence who (a) alters or adjusts the odometer of a motor vehicle in such a manner that as a result of the alteration or adjustment the total distance indicated on the odometer is other than the total distance travelled by that vehicle; or (b) replaces the odometer of a motor vehicle without setting the replacement odometer to the total distance travelled by the vehicle. Idem (2) No person shall be convicted of an offence (a) under paragraph (1)(a) if that person establishes that (i) the alteration or adjustment was reasonably necessary for the purpose of making repairs to the odometer or to any other part of the motor vehicle related thereto, and (ii) it was reasonably impracticable to re-set the odometer to the total distance indicated thereon prior to the alteration or adjustment; or (b) under paragraph (1)(b) if that person establishes that (i) the replacement was reasonably necessary because the odometer was defective, and (ii) it was reasonably impracticable to set the replacement odometer to the total distance indicated on the odometer that was replaced. R.S., 1985, c. W-6, s. 27; R.S., 1985, c. 27 (1st Supp.), s. 202
Weights and Measures Act — W-6 28
Ticket-printing devices 28 Every person who, in trade, uses or has control of a device that indicates by number or unit of measurement the quantity of a commodity being measured for sale by means of a removable ticket, card or similar record is guilty of an offence if that person allows the ticket, card or similar record to remain in that device at any time other than the time at which the quantity of the commodity is being measured. 1970-71-72, c. 36, s. 28
Weights and Measures Act — W-6 29
Alterations, adjustments and repairs of devices 29 Every person is guilty of an offence who (a) repairs a device that that person has received from a trader and allows that device to leave his possession (i) before it has been examined and marked in accordance with this Act and the regulations, or (ii) before that person has given written notice to an inspector in the form and manner prescribed; (b) in such manner or in such circumstances as may be prescribed, alters, adjusts or repairs a device that that person knows or might reasonably be expected to know is or is to be used in trade and does not report the alteration, adjustment or repair in the manner prescribed; or (c) alters any device that is or is to be used in trade in such a manner that it ceases to meet the requirements of this Act and the regulations. R.S., 1985, c. W-6, s. 29; 2011, c. 3, s. 29
Weights and Measures Act — W-6 30
Removing or breaking marks and seals 30 (1) Subject to subsection (2), every person who removes any marking or tag or wilfully breaks any seal that has been placed on or attached to a device that is or is to be used in trade is guilty of an offence if that marking, tag or seal has been placed on or attached to the device by an inspector or by any person who has altered, adjusted or repaired that device. Where removal or breaking is not an offence (2) No person is guilty of an offence under subsection (1) if that person (a) removes any marking or tag or breaks any seal referred to in that subsection for the purpose of altering, adjusting or repairing a device; and (b) reports, in the manner prescribed, the removal of the marking or tag or the breaking of the seal. 1970-71-72, c. 36, s. 30
Weights and Measures Act — W-6 31
Obstructing inspector 31 (1) Every person who obstructs or hinders an inspector in carrying out their functions under this Act is guilty of an offence. Misleading statements (2) Every person who knowingly makes a false or misleading statement, either orally or in writing, in connection with any matter under this Act, to an inspector who is carrying out their functions under this Act is guilty of an offence. Interference with seized thing (3) Every person who, without an inspector’s permission, removes, alters or interferes in any way with anything seized and detained by an inspector under paragraph 17 (1)(c) is guilty of an offence. R.S., 1985, c. W-6, s. 31; 2011, c. 3, s. 23
Weights and Measures Act — W-6 32
Failure to stop vehicle or proceed as directed 32 Every operator of a vehicle is guilty of an offence if they wilfully fail (a) to bring the vehicle to a stop in accordance with any order or direction given under subsection 18 (1) by a member of the Royal Canadian Mounted Police or of any provincial or municipal police force; or (b) to proceed with the vehicle to an appropriate place in accordance with any order or direction given under subsection 18 (2) by an inspector. R.S., 1985, c. W-6, s. 32; 2011, c. 3, s. 23