Weights and Measures Act (R.S.C., 1985, c. W-6)

Compliance Agreements

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Review by the Minister

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Recovery of Debts

Marginal note: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).

• Marginal note:Limitation period or prescription

  (2) No proceedings to recover such a debt may be commenced later than five years after the debt becomes payable.

• Marginal note: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.

Marginal note: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).

• Marginal note: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.

Rules of Law About Violations

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Other Provisions

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Offences and Punishment

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.