GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Weights and Measures Act — W-6 33
Short measure on sale 33 (1) Every person who sells or offers for sale any commodity, by number or unit of measurement, is guilty of an offence if the quantity of the commodity that that person delivers or offers for sale is, subject to prescribed limits of error, less than the quantity that that person (a) purports to sell or offer for sale; or (b) should deliver or offer for sale on the basis of (i) the total price paid or to be paid for the commodity, and (ii) the stated price per number or unit of measurement. Over measure on purchase (2) Every person who determines or exercises control over the determination of the quantity of a commodity that that person purchases or offers to purchase by number or unit of measurement is guilty of an offence if the quantity of the commodity that that person receives or offers to purchase is, subject to prescribed limits of error, greater than the quantity that that person (a) purports to purchase or offer to purchase; or (b) should receive or offer to purchase on the basis of (i) the total price paid or offered to be paid for the commodity, and (ii) the stated price per number or unit of measurement. Application of subsection (1) (3) Subsection (1) does not apply with respect to any commodity that is packaged on the basis of measure or labelled in terms of a unit of measurement as required or authorized by or under any other Act of Parliament. 1970-71-72, c. 36, s. 33; 1980-81-82-83, c. 47, s. 53(E)
Weights and Measures Act — W-6 34
Short service 34 (1) Every person who provides a service on the basis of any unit of measurement or the use of a facility on the basis of a unit of measurement of time is guilty of an offence if the amount of service that that person provides or the time for which that person provides the use of the facility is, subject to prescribed limits of error, less than (a) the amount of service that that person purports to provide or the time for which that person purports to provide the use of the facility; or (b) the amount of service that that person should provide or the time for which that person should provide the use of the facility on the basis of (i) the total price charged or demanded for the service or the use of the facility, and (ii) the stated price per unit of measurement. Over measure re service (2) Every person who determines or exercises control over the determination of the amount of a service that that person receives on the basis of any unit of measurement or the time for which that person receives the use of a facility on the basis of a unit of measurement of time is guilty of an offence if the amount of service that that person receives or the time for which that person receives the use of the facility is, subject to prescribed limits of error, greater than (a) the amount of service that that person purports to receive or the time for which that person purports to receive the use of the facility; or (b) the amount of service that that person should receive or the time for which that person should receive the use of the facility on the basis of (i) the total price paid or offered to be paid for the service or the use of the facility, and (ii) the stated price per unit of measurement. 1970-71-72, c. 36, s. 34; 1980-81-82-83, c. 47, s. 50
Weights and Measures Act — W-6 35
Punishment for first offence 35 (1) Every person who is guilty of an offence under any of sections 23 to 34 is liable, for a first offence, (a) on summary conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months, or to both; or (b) on conviction on indictment, to a fine not exceeding $25,000 or to imprisonment for a term not exceeding two years, or to both. Punishment for subsequent offences (1.1) Every person who is guilty of an offence under any of sections 23 to 34 is liable, for a second or subsequent offence, (a) on summary conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding six months, or to both; or (b) on conviction on indictment, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding two years, or to both. Punishment for general offence (2) Every person who contravenes any provision of this Act or the regulations for the contravention of which no liability for a punishment is elsewhere provided in this Act is guilty of an offence and liable on summary conviction for a first offence under that provision to a fine not exceeding $10,000, and for a second or subsequent offence under that provision to a fine not exceeding $20,000. Officers, etc., of corporations (3) If a corporation commits an offence under this Act, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted. R.S., 1985, c. W-6, s. 35; 2011, c. 3, s. 24, c. 21, s. 159(E)
Weights and Measures Act — W-6 35.1
Due diligence defence 35.1 A person may not be convicted of an offence under this Act — other than for a contravention of paragraph 29(b), subsection 30(1) or 31(2) or section 32 — if they establish that they exercised due diligence to prevent the commission of the offence. 2011, c. 3, s. 25
Weights and Measures Act — W-6 36
Deemed possession for use in trade 36 Where a trader has in his possession any device that is not marked as prescribed to show that it is not for use in trade, the trader shall, in the absence of evidence to the contrary, be deemed to have that device in his possession for use in trade. R.S., 1985, c. W-6, s. 36; 2011, c. 3, s. 26(F)
Weights and Measures Act — W-6 37
Offence by employee or agent or mandatary 37 (1) In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or an agent or mandatary of the accused whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without their knowledge or consent and that they exercised all due diligence to prevent its commission. Venue (2) A complaint or information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction. R.S., 1985, c. W-6, s. 37; 2011, c. 21, s. 160
Weights and Measures Act — W-6 38
Certificates of Minister 38 (1) In any prosecution for an offence under this Act or the Consumer Packaging and Labelling Act , a certificate relating to a local standard and purporting to have been signed by the Minister or any person authorized by the Minister to sign on the Minister’s behalf is evidence of the matters stated therein relating to the accuracy of that standard without proof of the signature or official character of the person appearing to have signed the certificate. Inspector’s certificates (2) In any prosecution for an offence under this Act, a certificate purporting to have been issued by an inspector under subsection 19(1) and to have been signed by the inspector who did the examination is evidence of the matters stated in it relating to the examination without proof of the signature or official character of the person appearing to have signed the certificate. Attendance of inspector (3) The party against whom a certificate of an inspector is produced pursuant to subsection (2) may, with leave of the court, require the attendance of the inspector for the purposes of cross-examination. Notice (4) No certificate shall be admitted in evidence pursuant to subsection (2) unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of such intention together with a copy of the certificate. R.S., 1985, c. W-6, s. 38; 2011, c. 3, s. 27
Weights and Measures Act — W-6 39
Examination and samples of seized things 39 (1) If an inspector seizes and detains anything under paragraph 17 (1)(c), they shall, at the request of the person from whom the thing is seized, allow that person or any person authorized by that person to examine the seized thing and, if possible, provide that person with a sample of it. Detention (2) A seized thing is not to be detained (a) after the provisions of this Act or any regulations that are applicable to the seized thing have, in the inspector’s opinion, been complied with; or (b) after the expiry of 60 days from the day of seizure, unless, before the expiry of that period, (i) the seized thing has been forfeited under section 41, (ii) a prosecution has been instituted in respect of an offence in relation to which the seized thing is evidence, in which case the seized thing may be detained until the prosecution is finally concluded, or (iii) notice of an application for an order extending the period during which the seized thing may be detained has been served in accordance with section 40 . Storing of seized things (3) A seized thing may, at the option of the inspector, be kept or stored in the building or place where it was seized or may be removed to any other proper place by the inspector or at their direction. R.S., 1985, c. W-6, s. 39; 2011, c. 3, s. 28
Weights and Measures Act — W-6 40
Application to extend period of detention 40 (1) If a prosecution in respect of an offence in relation to which a seized thing could be evidence has not been commenced, the Minister may, before the expiry of 60 days after the day of seizure and on the serving of prior notice in accordance with subsection (2) on the owner of the seized thing or on the person in whose possession the seized thing was at the time of seizure, apply to a provincial court judge within whose territorial jurisdiction the seizure was made for an order extending the period during which the seized thing may be detained. Notice (2) The notice shall be served by personal service at least five clear days before the day on which the application is to be made to the provincial court judge or by registered mail at least seven clear days before that day and shall specify (a) the provincial court judge to whom the application is to be made; (b) the place where and the time when the application is to be heard, which time shall be not later than 10 days after the day on which the notice is served; (c) the seized thing in respect of which the application is to be made; and (d) the evidence on which the Minister intends to rely to show why the period during which the seized thing may be detained should be extended. Order of extension granted (3) If, on the hearing of an application, the provincial court judge is satisfied that the seized thing should continue to be detained, the provincial court judge shall order that it be detained for any additional period that the provincial court judge considers proper and that on the expiry of that period the seized thing be restored to the person from whom it was seized or to any other person entitled to its possession unless, before the expiry of that period, subparagraph 39(2)(b)(i) or (ii) applies. Order of extension refused (4) If, on the hearing of an application, the provincial court judge is not satisfied that the seized thing should continue to be detained, the provincial court judge shall order that the thing be restored to the person from whom it was seized or to any other person entitled to its possession (a) on the expiry of 60 days after the day of seizure, unless, before the expiry of those 60 days, subparagraph 39(2)(b)(i) or (ii) applies; or (b) immediately, if, at the time of the hearing, the period of 60 days after the day of seizure has expired. R.S., 1985, c. W-6, s. 40; R.S., 1985, c. 27 (1st Supp.), s. 203; 2011, c. 3, s. 28
Weights and Measures Act — W-6 41
Forfeiture on consent 41 (1) If the owner or the person in lawful possession of a thing at the time it is seized under paragraph 17 (1)(c) consents in writing to its forfeiture, it is forfeited to Her Majesty. Forfeiture by order of court (2) If a person is convicted of an offence under this Act and a thing seized by means of or in relation to which the offence was committed is then being detained, it (a) is, on the conviction, in addition to any punishment imposed for the offence, forfeited to Her Majesty if the forfeiture is directed by the court; or (b) shall, on the expiry of the period for taking an appeal from the conviction or on the final conclusion of the proceedings, as the case may be, be restored to the person from whom it was seized or to any other person entitled to its lawful possession on any conditions, if any, relating to sale or advertising that are imposed by order of the court and that, in the opinion of the court, are necessary to avoid the commission of any further offence under this Act. R.S., 1985, c. W-6, s. 41; 2011, c. 3, s. 28
Weights and Measures Act — W-6 1
1 The national standard for length in Canada realized, through the use of any device, in compliance with the definition metre adopted by the 26 e Conférence générale des poids et mesures as reported in the Comptes rendus de la 26 e Conférence générale des poids et mesures published by the Bureau international des poids et mesures , and determined by the National Research Council of Canada under subparagraph 5(1)(c)(iv) of the National Research Council Act .
Weights and Measures Act — W-6 1
Avoirdupois Weight 1 A standard of a nominal mass of one pound, designated MR-2.
Weights and Measures Act — W-6 1
1 A standard of a nominal mass of one pound, designated MR-2.
Weights and Measures Act — W-6 2
Troy Weight 2 A standard of nominal mass of one hundred troy ounces, designated MR-3.
Weights and Measures Act — W-6 2
2 A standard of nominal mass of one hundred troy ounces, designated MR-3.
Weights and Measures Act — W-6 3
Metric Weight 3 A standard of a nominal mass of one kilogram, designated MR-1.
Weights and Measures Act — W-6 3
3 A standard of a nominal mass of one kilogram, designated MR-1.
Weights and Measures Act — W-6 29.1
Review 29.1 (1) The Minister of Industry must complete a review of the provisions and the operation of this Act within five years after it receives royal assent. Report (2) The Minister must cause a report of the results of the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report has been completed.
Western Grain Transition Payments Act — W-7.8 1
Short title 1 This Act may be cited as the Western Grain Transition Payments Act .
Western Grain Transition Payments Act — W-7.8 2
Definitions 2 In this Act, eligible area means the area comprising Manitoba, Saskatchewan, Alberta and those parts of British Columbia known as the Peace River District and the Creston-Wynndel Areas; ( région désignée ) farmland means land on which an annual crop of grain was cultivated during 1994 and land that was in summer-fallow during that year and on which an annual crop of grain was cultivated during 1993; ( terre arable ) grain has the meaning given that word by section 181.1 of the National Transportation Act, 1987 ; ( grain ) Minister means the Minister of Agriculture and Agri-Food; ( ministre ) own means, in respect of farmland, to hold the fee simple in the farmland, unless another interest in the farmland is prescribed, in which case it means to hold that interest; ( propriétaire ) prescribed means prescribed by regulations made by the Governor in Council under section 6. ( Version anglaise seulement )
Western Grain Transition Payments Act — W-7.8
eligible area means the area comprising Manitoba, Saskatchewan, Alberta and those parts of British Columbia known as the Peace River District and the Creston-Wynndel Areas; ( région désignée )
Western Grain Transition Payments Act — W-7.8
farmland means land on which an annual crop of grain was cultivated during 1994 and land that was in summer-fallow during that year and on which an annual crop of grain was cultivated during 1993; ( terre arable )
Western Grain Transition Payments Act — W-7.8
grain has the meaning given that word by section 181.1 of the National Transportation Act, 1987 ; ( grain )
Western Grain Transition Payments Act — W-7.8
Minister means the Minister of Agriculture and Agri-Food; ( ministre )
Western Grain Transition Payments Act — W-7.8
own means, in respect of farmland, to hold the fee simple in the farmland, unless another interest in the farmland is prescribed, in which case it means to hold that interest; ( propriétaire )
Western Grain Transition Payments Act — W-7.8
prescribed means prescribed by regulations made by the Governor in Council under section 6. ( Version anglaise seulement )
Western Grain Transition Payments Act — W-7.8 3
Persons who may apply 3 (1) A person who owned farmland in the eligible area at the beginning of the day on February 28, 1995 may apply to the Minister for transition payments. Form and time limit (2) The application must be in a form approved by the Minister and be received by the Minister not later than September 15, 1995, or any later day fixed by the Governor in Council. Proof of ownership (3) The Minister may require the applicant to provide proof of the applicant’s ownership of the farmland.
Western Grain Transition Payments Act — W-7.8 4
Minister may make payments 4 (1) The Minister may make an interim transition payment and a final transition payment to an applicant if the Minister is satisfied that the applicant owned farmland in the eligible area at the beginning of the day on February 28, 1995 and meets the prescribed criteria and conditions. Payment deadlines (2) The Governor in Council may establish deadlines for making the payments. Calculation of amounts (3) The total amount of the interim transition payment and the final transition payment must be calculated in accordance with the regulations on a basis that reflects the productivity of the farmland and its distance from port. Tax treatment (4) For the purposes of the Income Tax Act , (a) a transition payment received in respect of farmland that is capital property of the applicant shall be considered to be an amount required by subsection 53(2) of that Act to be deducted in computing the adjusted cost base of the farmland to the applicant after the payment is received; (b) a transition payment received in respect of farmland that was, immediately before its disposition by the applicant, capital property of the applicant shall, where the farmland is disposed of before the payment is received, be considered to be an amount required by subsection 53(2) of that Act to be deducted in computing the adjusted cost base of the farmland to the applicant immediately before the disposition; (c) a transition payment to which neither paragraph (a) nor (b) applies, received by the applicant, shall be considered to be assistance received in the course of earning income from a business or property in respect of the cost of the property or in respect of an outlay or an expense; and (d) where, pursuant to an equitable arrangement referred to in paragraph 6(c), a portion of a transition payment received by an applicant is paid to a person or partnership that is leasing farmland from the applicant, that portion paid to the person or partnership is required to be included in computing the income of the person or partnership from a business for the taxation year of the person or partnership in which it is received and the amount so paid is deemed not to be a transition payment received by the applicant for the purposes of paragraphs (a) to (c). Payment limit and apportionment (5) The total amount of all transition payments must not exceed 1.6 billion dollars and the total amount must be apportioned as follows: (a) 16.10% for farmland in Manitoba; (b) 56.42% for farmland in Saskatchewan; and (c) 27.48% for farmland in Alberta and those parts of British Columbia known as the Peace River District and the Creston-Wynndel Areas. 1995, c. 17, s. 29 (Sch. II, s. 4); 1998, c. 19, s. 303
Western Grain Transition Payments Act — W-7.8 5
Appropriation 5 The amount of 1.6 billion dollars is appropriated for the purposes of this Act, to be paid out of the Consolidated Revenue Fund from time to time as required.
Western Grain Transition Payments Act — W-7.8 6
Powers of Governor in Council 6 The Governor in Council may make regulations for carrying out the purposes of this Act, including regulations prescribing (a) interests in farmland for the purposes of the definition own in section 2; (b) criteria to be used by the Minister in deciding whether applicants are entitled to transition payments; (c) conditions to be met prior to receiving a transition payment including the condition that an equitable arrangement must be made by an applicant in respect of any person who or partnership that is leasing the farmland that is the subject of the application for the transition payment; and (d) how interim and final transition payments are to be calculated, including which port is to be used for the purpose of determining the distance of farmland from port.
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 1
Short title 1 This Act may be cited as the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act .
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 2
Definitions 2 In this Act, animal means any specimen, whether living or dead, of any species of animal that is listed as “fauna” in an appendix to the Convention, and includes any egg, sperm, tissue culture or embryo of any such animal; ( animal ) Convention means the Convention on international trade in endangered species of wild fauna and flora, made on March 3, 1973 in Washington, D.C., United States and ratified by Canada on April 10, 1975, as amended from time to time, to the extent that the amendment is binding on Canada; ( Convention ) conveyance means any vehicle, aircraft or water-borne craft or any other contrivance that is used to move persons or goods; ( moyen de transport ) distribute includes sell; ( distribuer ) Minister means the Minister of the Environment; ( ministre ) officer means a person, or a person who belongs to a class of persons, designated pursuant to section 12; ( agent ) plant means any specimen, whether living or dead, of any species of plant that is listed as “flora” in an appendix to the Convention, and includes any seed, spore, pollen or tissue culture of any such plant; ( végétal ) prescribed means prescribed by regulation; ( Version anglaise seulement ) transport includes send. ( acheminer )
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5
animal means any specimen, whether living or dead, of any species of animal that is listed as “fauna” in an appendix to the Convention, and includes any egg, sperm, tissue culture or embryo of any such animal; ( animal )
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5
Convention means the Convention on international trade in endangered species of wild fauna and flora, made on March 3, 1973 in Washington, D.C., United States and ratified by Canada on April 10, 1975, as amended from time to time, to the extent that the amendment is binding on Canada; ( Convention )
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5
conveyance means any vehicle, aircraft or water-borne craft or any other contrivance that is used to move persons or goods; ( moyen de transport )
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5
distribute includes sell; ( distribuer )