Precious Metals Marking Act

Marginal note:Definitions

2 In this Act,

apply

apply, in relation to a mark, includes any application or attachment thereof to, or any use thereof on, in connection with or in relation to

• (a) an article,

• (b) anything attached to an article,

• (c) anything to which an article is attached,

• (d) anything in or on which an article is, or

• (e) anything so used or placed as to lead to a reasonable belief that the mark thereon is meant to be taken as a mark on an article; (appliquer)

article

article means any article of merchandise, and includes any portion of any article of merchandise, whether a distinct part thereof or not, other than an article or a part thereof designated by the regulations; (article)

Commissioner

Commissioner means the Commissioner of Competition appointed under the Competition Act; (commissaire)

dealer

dealer means a person who is a manufacturer or an importer of any article to which this Act applies and any person who traffics by wholesale or retail in any such article and includes any director, manager, officer or agent or mandatary of that person; (commerçant)

inspector

inspector means an inspector appointed or designated in accordance with section 6; (inspecteur)

mark

mark includes any mark, sign, device, imprint, stamp, brand, label, ticket, letter, word or figure; (marque)

Minister

Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre)

plated article

plated article means an article composed of any substance on the surface of which a layer or plating of a precious metal is deposited or plated by means of a chemical, electrical, mechanical or metallurgical process or by means of a combination of any of those processes, and an article composed of an inferior metal to the surface of which a covering or sheeting of a precious metal is fixed by brazing, soldering or by any mechanical means; (article plaqué)

precious metal

precious metal means gold, palladium, platinum and silver and an alloy of any of those metals and any other metal and an alloy thereof that is designated by the regulations as a precious metal for the purposes of this Act; (métal précieux)

precious metal article

precious metal article means an article wholly or partly, or purporting to be wholly or partly, composed of a precious metal and includes a plated article, and the word “article” when used in association with the name of a precious metal has a corresponding meaning; (article de métal précieux)

quality mark

quality mark means a mark indicating or purporting to indicate the quality, quantity, fineness, weight, thickness, proportion or kind of precious metal in an article; (marque de qualité)

sell

sell includes

• (a) sell, offer for sale, expose for sale and have in possession for sale,

• (b) distribute or offer, whether as a premium or prize, and

• (c) display in such manner as to lead to a reasonable belief that the article so displayed is intended for sale. (vendre)