Precious Metals Marking Act (R.S.C., 1985, c. P-19)

Offences and Punishment

Marginal note:Offences and punishment

• 10 (1) Every dealer who

  • (a) applies to a precious metal article a mark not authorized by this Act or the regulations to be applied thereto,

  • (b) applies a mark to a precious metal article otherwise than in accordance with this Act and the regulations,

  • (c) omits or neglects to apply to a precious metal article any mark required by this Act or the regulations to be applied thereto,

  • (d) sells or imports into Canada a precious metal article to which a mark not authorized by this Act or the regulations has been applied or that is marked otherwise than in accordance with this Act and the regulations or that has not applied thereto any mark required by this Act or the regulations to be applied thereto,

  • (e) destroys, defaces or in any manner renders indecipherable any mark applied to a precious metal article in accordance with this Act and the regulations,

  • (f) applies to a plated article a mark that guarantees or purports to guarantee or induces or tends to induce a belief that the precious metal with which the article is plated will wear for a period of time, whether specified or not,

  • (g) sells or imports into Canada a plated article to which a mark described in paragraph (f) has been applied,

  • (h) prints, causes to be printed, issues, publishes, imports or in any manner makes use of any printed or written matter in the nature of an advertisement guaranteeing or purporting to guarantee or inducing or tending to induce a belief that the precious metal with which a plated article is plated will wear or last for a period of time, whether specified or not,

  • (i) in any advertisement of a precious metal article or in any publication related to a precious metal article uses any mark the application of which to the article is not authorized by this Act or the regulations, or

  • (j) in any manner not provided for in this subsection or subsection (2) contravenes or fails to comply with any provision of this Act or the regulations,

  is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars.

• Marginal note:Idem

  (2) Every person who contravenes or fails to comply with any provision contained in subsections 8(2) to (4) is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars.

• Marginal note:Limitation period

  (3) A prosecution under subsection (1) may be instituted at any time within but not later than one year after the time when the subject-matter of the complaint arose.

Marginal note:Disposition of articles on conviction

• 11 (1) Every article in respect of which a conviction is had under this Act shall be broken, broken down or defaced and every part of the article, other than precious and semi-precious stones, watch movements and any other part designated by the regulations, is, on such conviction, in addition to any other punishment imposed, forfeited to Her Majesty and, subject to subsection (3), shall be disposed of in such manner and at such time and place as the Commissioner may direct.

• Marginal note:Disposition of printed or written matter on conviction

  (2) All printed or written matter in respect of which a conviction is had under this Act is on the conviction, in addition to any other punishment imposed, forfeited to Her Majesty, and, subject to subsection (3), shall be disposed of in such manner and at such time and place as the Commissioner may direct.

• Marginal note:Protection of persons claiming interest

  (3) Sections 74 to 76 of the Fisheries Act applies, with such modifications as the circumstances require, in respect of any article or printed or written matter forfeited under subsection (1) or (2) as though that article or matter were an article forfeited under subsection 72(1) of that Act.

Marginal note:Certificate of Master or assayer

12 In any prosecution under this Act, a document purporting to be a certificate of the Master or any assayer of the Royal Canadian Mint stating that he has assayed or examined an article and stating the result of his assay or examination is admissible in evidence and in the absence of any evidence to the contrary is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.