GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Western Economic Diversification Act — W-6.8 10
Appropriations based on Estimates 10 The provisions made by any appropriation Act for the fiscal year in which this section comes into force, based on the Estimates for that year to defray the charges and expenses of the public service of Canada within the Department of Regional Industrial Expansion and the Department of Indian Affairs and Northern Development in relation to any matter in Western Canada to which the powers, duties or functions of the Minister extend by law, shall be applied to such classifications of the public service within the Department of Western Economic Diversification as the Governor in Council may determine.
Western Economic Diversification Act — W-6.8 11
Transfer of powers, duties and functions 11 Wherever under any Act, order, rule or regulation, or any contract, lease, licence or other document, any power, duty or function is vested in or exercisable by the Minister of Regional Industrial Expansion, the Deputy Minister of Regional Industrial Expansion or any other officer of the Department of Regional Industrial Expansion in relation to any matter in Western Canada to which the powers, duties or functions of the Minister extend by law, the power, duty or function is vested in and shall be exercised by the Minister of Western Economic Diversification, the Deputy Minister of Western Economic Diversification or the appropriate officer of the Department of Western Economic Diversification, as the case may be, unless the Governor in Council by order designates another Minister, deputy head or officer of a department or a portion of the public service of Canada to exercise that power, duty or function.
Western Economic Diversification Act — W-6.8 12
Deemed appointment 12 Every indeterminate employee in the public service of Canada who is transferred to a position in the Department from the public service of Canada within ninety days after the day on which this section comes into force is deemed to have been appointed to the Department in accordance with the Public Service Employment Act .
Western Economic Diversification Act — W-6.8 Coming into force
Coming into force * 18 This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Act in force June 28, 1988, see SI/88-119.]
Weights and Measures Act — W-6 1
Short title 1 This Act may be cited as the Weights and Measures Act . 1970-71-72, c. 36, s. 1
Weights and Measures Act — W-6 2
Definitions 2 In this Act, dealer means any person who in the course of that person’s business sells, consigns, imports, leases or lends devices; ( fournisseur ) device means any weight, weighing machine, static measure or measuring machine and includes any equipment and accessories attached to or used in conjunction with the device that have or can have an effect on the accuracy of the device; ( instrument ) inspector means a person who is designated under subsection 16.1 (1) to verify compliance with this Act; ( inspecteur ) local standard means any standard designated by the Minister under section 13; ( étalon local ) measure , when used as a verb, includes weigh and, when used as a noun, includes weight; ( mesure et mesurer ) measuring machine means any machine that measures length, area, volume or capacity, temperature or time; ( appareil de mesure ) Minister means the Minister of Industry; ( ministre ) prescribed means prescribed by the regulations; ( Version anglaise seulement ) reference standard means a standard that (a) represents or registers a unit of measurement referred to in Schedule I or II or that represents or registers a multiple or fraction of such a unit of measurement, (b) has been calibrated and certified by the National Research Council of Canada, and (c) is or is to be used as a standard for the purpose of determining the accuracy of a local standard; ( étalon de référence ) static measure means any measure that measures length, volume or capacity and does not have a moving or movable part that has or can have an effect on the accuracy of the measure; ( mesure matérialisée ) trade means the selling, purchasing, exchanging, consigning, leasing or providing of any commodity, right, facility or service on the basis of measure and includes the business of providing facilities for measuring; ( commerce ) trader means any person who trades in the course of business; ( commerçant ) weighing machine means any machine that measures mass or weight. ( appareil de pesage ) R.S., 1985, c. W-6, s. 2; 1992, c. 1, s. 145(F); 1995, c. 1, ss. 62, 63; 2011, c. 3, s. 11 2019, c. 29, s. 192
Weights and Measures Act — W-6
dealer means any person who in the course of that person’s business sells, consigns, imports, leases or lends devices; ( fournisseur )
Weights and Measures Act — W-6
device means any weight, weighing machine, static measure or measuring machine and includes any equipment and accessories attached to or used in conjunction with the device that have or can have an effect on the accuracy of the device; ( instrument )
Weights and Measures Act — W-6
inspector means a person who is designated under subsection 16.1 (1) to verify compliance with this Act; ( inspecteur )
Weights and Measures Act — W-6
local standard means any standard designated by the Minister under section 13; ( étalon local )
Weights and Measures Act — W-6
measure , when used as a verb, includes weigh and, when used as a noun, includes weight; ( mesure et mesurer )
Weights and Measures Act — W-6
measuring machine means any machine that measures length, area, volume or capacity, temperature or time; ( appareil de mesure )
Weights and Measures Act — W-6
Minister means the Minister of Industry; ( ministre )
Weights and Measures Act — W-6
prescribed means prescribed by the regulations; ( Version anglaise seulement )
Weights and Measures Act — W-6 (a)
reference standard means a standard that (a) represents or registers a unit of measurement referred to in Schedule I or II or that represents or registers a multiple or fraction of such a unit of measurement, (b) has been calibrated and certified by the National Research Council of Canada, and (c) is or is to be used as a standard for the purpose of determining the accuracy of a local standard; ( étalon de référence )
Weights and Measures Act — W-6
static measure means any measure that measures length, volume or capacity and does not have a moving or movable part that has or can have an effect on the accuracy of the measure; ( mesure matérialisée )
Weights and Measures Act — W-6
trade means the selling, purchasing, exchanging, consigning, leasing or providing of any commodity, right, facility or service on the basis of measure and includes the business of providing facilities for measuring; ( commerce )
Weights and Measures Act — W-6
trader means any person who trades in the course of business; ( commerçant )
Weights and Measures Act — W-6
weighing machine means any machine that measures mass or weight. ( appareil de pesage )
Weights and Measures Act — W-6 3
Approval of devices 3 (1) The Minister shall, in accordance with the regulations, approve devices or classes, types or designs of devices for use in trade. Temporary approval (2) The Minister may, in any period during which a device or class, type or design of device is being evaluated for approval for use in trade under subsection (1), approve that device or class, type or design of device for use in trade on a temporary basis for such period and under such terms and conditions as the Minister may specify. 1970-71-72, c. 36, s. 3; 1976-77, c. 28, s. 46
Weights and Measures Act — W-6 4
Basis for units of measurement 4 (1) All units of measurement used in Canada shall be determined on the basis of the International System of Units established by the General Conference of Weights and Measures. Basic, supplementary and derived units (2) The basic, supplementary and derived units of measurement for use in Canada and the symbols therefor are as set out and defined in Parts I, II and III of Schedule I, respectively. Customary units (3) In addition to the units of measurement otherwise referred to in this section, the customary units of measurement and the symbols therefor as set out and defined in Part IV of Schedule I may be used in Canada, which units of measurement are commonly used with the International System of Units. Multiples and submultiples of units (4) The prefixes for multiples and submultiples of the units of measurement referred to in subsection (2) and the symbols therefor are as set out and defined in Part V of Schedule I. Canadian units (5) The Canadian units of measurement are as set out and defined in Schedule II, and the symbols and abbreviations therefor are as added pursuant to subparagraph 6(1)(b)(ii). 1970-71-72, c. 36, s. 4
Weights and Measures Act — W-6 5
Seigneurial tenure 5 Notwithstanding section 7, the units of measurement set out and defined in Schedule III may be used to describe land in the Province of Quebec that was originally granted under seigneurial tenure. 1970-71-72, c. 36, s. 5
Weights and Measures Act — W-6 6
Amendments to Schedules I and II 6 (1) The Governor in Council may by order (a) amend Schedule I by adding to or deleting from Part I, II, III, IV or V thereof any basic, supplementary, derived or customary unit of measurement or any prefix therefor, together with its symbol and definition; or (b) amend Schedule II (i) by adding thereto or deleting therefrom any Canadian unit of measurement, together with its definition, (ii) by adding thereto a symbol or an abbreviation for any Canadian unit of measurement, or (iii) by deleting therefrom any symbol or abbreviation referred to in subparagraph (ii). Limitation of power to amend Schedule II (2) Notwithstanding subsection (1), the Governor in Council may not amend Schedule II in such a manner that the ratio of any one unit of measurement to any other unit of measurement is altered. 1970-71-72, c. 36, s. 6; 1976-77, c. 55, s. 9
Weights and Measures Act — W-6 7
Use of units of measurement 7 No person shall, in trade, use or provide for the use of a unit of measurement unless (a) that unit of measurement is set out and defined in Schedule I or II; or (b) the use of that unit of measurement is authorized by the regulations. 1970-71-72, c. 36, s. 7
Weights and Measures Act — W-6 8
Use of devices 8 No trader shall use, or have in their possession for use, in trade, any device unless (a) that device or class, type or design of device has been approved for use in trade pursuant to section 3; and (b) that device, in the case of a device other than a static measure, has been examined by an inspector who has certified that the device meets the requirements of this Act and the regulations. R.S., 1985, c. W-6, s. 8; 2011, c. 3, ss. 12, 29
Weights and Measures Act — W-6 9
Marking commodities for sale 9 (1) No trader shall sell, offer for sale or have in their possession for sale on the basis of number or measure any commodity, unless its quantity is stated accurately within prescribed limits of error and in the manner prescribed in terms of number or units of measurement of length, area, volume or capacity, or mass or weight on the following items, as may be prescribed: (a) the commodity; (b) the package containing the commodity; or (c) a shipping bill, bill of lading or other document accompanying the commodity. Application (2) Subsection (1) does not apply with respect to any commodity that has been packaged, on the basis of number or measure, or labelled, in terms of number or a unit of measurement, as required or authorized by or under any other Act of Parliament. R.S., 1985, c. W-6, s. 9; 2011, c. 3, s. 13
Weights and Measures Act — W-6 10
d to pay in relation to any examination or other service provided by an inspector under this Act and the manner in which those charges shall be determined; (s) prescribing the time when or the period of time within which, and the manner in which any fees or charges shall be paid; (t) requiring any person who sells or offers for sale any liquid commodity by means of a coin-operated machine to state on the machine the owner’s name and address, the identification number of the machine and the quantity of the commodity being sold or offered for sale in terms of a unit of measurement of volume or capacity together with the price demanded for that quantity and prescribing the form and manner in which such information shall be stated; (u) exempting, conditionally or unconditionally, any device or class, type or design of device or any class or type of trade transaction from any or all of the provisions of this Act; and (v) prescribing any matter or thing that by this Act may be prescribed. Publication of proposed regulations (2) Subject to subsection (3), the Minister shall publish in the Canada Gazette a copy of each regulation that the Governor in Council proposes to make under paragraphs (1)(b), (j), (n) and (o) and a reasonable opportunity shall be afforded to interested persons to make representations with respect thereto. Exception (3) The Minister is not required to publish a proposed regulation if it has been published pursuant to subsection (2) whether or not it has been amended as a result of representations made by interested persons as provided in that subsection. R.S., 1985, c. W-6, s. 10; 1993, c. 34, s. 136(F); 2011, c. 3, ss. 14, 29
Weights and Measures Act — W-6 10.1
Ministerial regulations 10.1 (1) The Minister may make regulations authorizing the use of a unit of measurement that is not otherwise authorized under this Act if new technologies use such a unit. Expiry (2) A regulation made under subsection (1) ceases to have effect on the earliest of (a) the day on which a regulation made under paragraph 10(1)(m) that has the same effect as the regulation comes into force, (b) the third anniversary of the day on which the regulation made under subsection (1) comes into force, or (c) the day on which it is repealed. 2019, c. 29, s. 193
Weights and Measures Act — W-6 11
Reference standards 11 (1) The reference standards for use in Canada are those described in Schedule IV. Additions to and deletions from Schedule IV (2) The Governor in Council may by order amend Schedule IV (a) by adding thereto any standard that is to be used as a reference standard; or (b) by deleting therefrom any reference standard. 1970-71-72, c. 36, s. 11
Weights and Measures Act — W-6 12
Calibration and certification of standards 12 (1) The reference standards and other standards of measurement that are retained under the authority of the Minister for the purpose of determining the accuracy of local standards or of standards that are used by inspectors under the Electricity and Gas Inspection Act shall, at the request of the Minister, be calibrated and certified by the National Research Council of Canada in terms of the units of measurement set out and defined in Schedule I or II. Idem (2) The National Research Council of Canada may request the Minister to forward to the Council for calibration and certification any standards referred to in subsection (1). R.S., 1985, c. W-6, s. 12; R.S., 1985, c. 4 (1st Supp.), s. 1
Weights and Measures Act — W-6 13
Designation of local standards 13 (1) The Minister may designate as a local standard any standard that has been calibrated and certified in relation to a reference standard as accurate within prescribed tolerances. Calibration and certification of local standards (2) Every local standard shall be calibrated and certified within such periods of time as may be prescribed. 1970-71-72, c. 36, s. 13
Weights and Measures Act — W-6 14
Replacement or restoration of standards 14 If a local standard that is owned by Her Majesty in right of Canada or a reference standard is lost, destroyed, defaced or damaged, the Minister shall take such action as may be necessary to replace or restore the standard. R.S., 1985, c. W-6, s. 14; 2001, c. 34, s. 82
Weights and Measures Act — W-6 15
Examinations within prescribed periods 15 (1) Every trader who uses a device in trade, or possesses a device for trade, shall cause it to be examined, within the prescribed period, by an inspector. Extensions (2) The Minister may, in the prescribed circumstances, grant to a trader an extension of the period. R.S., 1985, c. W-6, s. 15; 2011, c. 3, s. 15 2019, c. 29, s. 194
Weights and Measures Act — W-6 15.1
Request for examination 15.1 An inspector may examine a device at the request of the owner or the person who is in possession of it. 2011, c. 3, s. 15
Weights and Measures Act — W-6 16
Adjustments and alterations to devices 16 When an inspector examines a device, they may, with the consent of the owner or person who is in possession of it, make any prescribed adjustments or alterations to that device. R.S., 1985, c. W-6, s. 16; 2011, c. 3, s. 15
Weights and Measures Act — W-6 16.1
Power to designate 16.1 (1) For the purposes of the administration and enforcement of this Act, the Minister may designate persons, or classes of persons, to exercise powers in relation to any matter referred to in the designation. Training and qualification (1.1) The Minister shall ensure that, for each particular sector, all persons designated under subsection (1) are trained and qualified in the same manner and that all examinations made by these persons are conducted consistently. Limitation (2) The Minister may designate only persons employed in the federal public administration to exercise powers under any of sections 17 to 18 , subsection 19(3) or section 21 or subsection 22.11 (1). Suspension and revocation (3) The Minister may suspend or revoke a designation made under subsection (1). 2011, c. 3, s. 16
Weights and Measures Act — W-6 17
Authority to enter and other powers 17 (1) An inspector who has reasonable grounds to believe that an object to which this Act applies is located in or on a place, including a vehicle, or that an activity regulated by this Act is conducted in a place, including a vehicle, may, for the purpose of verifying compliance with this Act, (a) enter the place; (b) examine the place or anything found in or on the place; (c) seize and detain anything in or on the place; (d) use any means of communication in the place or cause it to be used; (e) use any computer system in the place, or cause it to be used, to examine data contained in or available to it; (f) prepare a document, or cause one to be prepared, based on the data; (g) use any copying equipment in the place, or cause it to be used; (h) direct any person to put anything in or on the place into operation or to cease operating it; and (i) prohibit or limit access to all or part of the place. Certificate to be produced (2) The Minister shall provide the inspector with a certificate of their designation, and on entering the place, the inspector shall, on request, produce the certificate to the person in charge of that place. Duty to assist (3) The owner or person in charge of the place and every person in the place shall give all assistance that is reasonably required to enable the inspector to verify compliance with this Act and shall provide any documents, data or information that are reasonably required for that purpose. R.S., 1985, c. W-6, s. 17; R.S., 1985, c. 31 (1st Supp.), s. 26; 2011, c. 3, s. 16
Weights and Measures Act — W-6 17.1
Warrant for dwelling-house 17.1 (1) If the place is a dwelling-house, the inspector may not enter it without the occupant’s consent except under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing an inspector who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that (a) the dwelling-house is a place referred to in subsection 17 (1); (b) entry to the dwelling-house is necessary to verify compliance with this Act; and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant. 2011, c. 3, s. 16
Weights and Measures Act — W-6 17.2
Entry on private property 17.2 (1) For the purpose of gaining entry to a place referred to in subsection 17 (1), an inspector may enter private property and pass through it, and is not liable for doing so. For greater certainty, no person has a right to object to that use of the property and no warrant is required for the entry, unless the property is a dwelling-house. Person accompanying inspector (2) A person may, at the inspector’s request, accompany the inspector to assist them to gain entry to the place referred to in subsection 17 (1) and is not liable for doing so. 2011, c. 3, s. 16
Weights and Measures Act — W-6 17.3
Use of force 17.3 In executing a warrant to enter a dwelling-house, an inspector shall not use force unless the use of force has been specifically authorized in the warrant and the inspector is accompanied by a peace officer. 2011, c. 3, s. 16
Weights and Measures Act — W-6 18
Examining vehicle 18 (1) A member of the Royal Canadian Mounted Police or of any provincial or municipal police force may, at the request and in the company of an inspector, stop and detain any vehicle so that the inspector may examine it for the purposes of verifying compliance with this Act. Vehicle to be moved (2) The inspector may require the operator of the vehicle to proceed with it to an appropriate place, if doing so is necessary to conduct the examination. R.S., 1985, c. W-6, s. 18; 2011, c. 3, s. 16
Weights and Measures Act — W-6 19
Certificate 19 (1) If an inspector examines a device, they shall issue to the owner or person who is in possession of it, (a) in the case of a device that is or is to be used in trade, a certificate showing whether the device meets the requirements of this Act and the regulations; and (b) in the case of a device other than a device described in paragraph (a), a statement showing the results of the examination. Marking of devices — requirements met (2) If an inspector determines that a device referred to in paragraph (1)(a) meets the requirements of this Act and the regulations, they shall mark the device as prescribed and (a) attach the prescribed seals that are intended to indicate any adjustments to the device; or (b) if those seals are already attached to the device, verify that they can indicate any adjustments and, in the case of electronic seals, collect the information that is necessary to detect any adjustments. Idem (3) Where an inspector determines that a device referred to in paragraph (1)(a) does not meet the requirements of this Act and the regulations, the inspector shall, in the manner and circumstances prescribed, attach to the device such tags and seals as may be prescribed to prevent the use of that device. R.S., 1985, c. W-6, s. 19; 2011, c. 3, ss. 17, 29
Weights and Measures Act — W-6 20
Payment of fees and charges 20 (1) The fees and charges payable by a person in respect of an examination or other service performed by an inspector under this Act are payable, subject to the regulations, after the examination or service is performed. Fees recoverable (2) All fees and charges payable under this Act may be recovered as a debt due to the Crown. R.S., 1985, c. W-6, s. 20; 2011, c. 3, s. 29 2019, c. 29, s. 195
Weights and Measures Act — W-6 21
Payment of fees if dispute 21 (1) If a dispute arises between a trader and any other person with respect to the accuracy of a device that is used by the trader in trade and an inspector examines the device at the request of the trader or other person, the fee for the examination shall be paid (a) by the trader, where the device does not meet the requirements of this Act and the regulations; and (b) by the other person, where the device meets the requirements of this Act and the regulations. Examination if dispute (2) An inspector may examine the device at the request of a person referred to in subsection (1). R.S., 1985, c. W-6, s. 21; 2011, c. 3, s. 18