Registration Program Terms and Conditions

Registration Program Terms and Conditions (PDF, 79 KB, 28 pages)

(Revised 2013-03-06)

Table of contents

Revisions Table

This document will continue to be periodically reviewed by Measurement Canada to ensure its effectiveness with respect to its objectives. The following revisions are authorized by:

Alan E. Johnston
President
Measurement Canada

Revisions Table
Date of Revision or Addition Language Section Nature of the Revision or Addition
2013-03-06 English & French Throughout the document

Minor editorial corrections.

Replace the asterisks indicating instructions in the guide by the following sentence "Additional Information in the guide for section ..."
2013-03-06 English & French 1.4 et 2.6 Change the name of the Measurement Canada Enforcement Policy.
2013-03-06 English & French 1.3.2

Addition of trade sectors:

  • 20: Metal Scrap Industry
  • 23: Waste Collection and Disposal Industry.
2013-03-06 English & French 1.3.3

Update the exclusions based on the last revision of the Weights and Measures Inspection Certificate Completion Manual.

Remove the exclusion linked to the precious metals and precious stones sector. As this sector is not included in the program scope, it is redundant to have this exclusion.
2013-03-06 English & French 1.8

Restructured and clarifications on the maintenance, suspension, revocation and reinstatement of registration.

Possible impact of the sale of an organization on inspections performed after the sale.
2013-03-06 English & French 1.9 Applications for expansions of scope and outstanding violations.
2013-03-06 English & French 1.10 Move a part of the text from the Guide to the Terms and Conditions.
2013-03-06 English & French 1.13 Remove the mention of a fee for an organization seeking reinstatement of registration after revocation.
2013-03-06 English & French 2.7.2 Clarification of the obligation to adhere to the requirements relating to certificates of inspection.
2013-03-06 English & French 2.9 Clarification for the planning of follow-up inspections in the presence of the technician.
2013-03-06 English & French 2.10 Additional responsibilities for Registered Organizations.
2013-03-06 English & French 3.5 Remove the note about rejection tags.
2013-03-06 English & French Appendix 2 Minor editorial corrections.
2013-03-06 English & French Appendix 3 Remove the note about the rejection tag.
2013-03-06 English & French Appendix 4

Remove the note about the development of specifications for seals.

Remove references to the Voluntary Periodic Certification Program for Devices. Add procedure for evaluation of stickers.
2013-03-06 English & French Appendix 5 Remove references to electricity and gas.

Previous revisions table

Authorization

This document has been produced under the authority of the President of Measurement Canada for the purposes of the registration program.

This document will continue to be periodically reviewed by Measurement Canada to ensure its effectiveness with respect to its objectives.

Alan E. Johnston
President
Measurement Canada

Sonia Roussy
Vice-President
Innovative Services Directorate
Measurement Canada

Foreword

Measurement Canada's mission is to ensure equity and accuracy where goods and services are bought and sold on the basis of measurement, in order to contribute to a fair and competitive marketplace for Canadians. To do so, Measurement Canada must ensure that its presence is strong enough to be felt by traders and other stakeholders in various economic sectors and it must also intervene as necessary.

Traditionally, Measurement Canada's presence has taken the form of periodic device and product inspections, trader, device manufacturer and service provider education, and proper controls. In recent years, however, Measurement Canada's resources have decreased substantially, while demand for services has increased over the same period.

In a commercial measurement context, service providers are those that visit traders most consistently and can have a decisive effect on device compliance under the Weights and Measures Act. In terms of a strategy for carrying out its mission, it is in Measurement Canada's interest to work in partnership with service providers. In addition to the coaching and monitoring of service providers that Measurement Canada is responsible for, and the support it must provide to them, Measurement Canada must ensure that service providers are fully aware of the importance of their role in maintaining equity and accuracy where goods and services are traded on the basis of measurement and of the importance of their contribution to a fair and competitive marketplace for all Canadians.

Introduction

In April 2002, Measurement Canada completed its consultations with stakeholders in the Downstream Petroleum Sector. One of the key recommendations from Downstream Petroleum Sector stakeholders called for the creation and implementation of a service provider registration program that would enable qualified organizations to conduct inspections, on behalf of Measurement Canada, of devices used in trade in the sector. Measurement Canada approved the creation of a voluntary registration program.

The primary objective of implementing a voluntary program is to authorize registered organizations to conduct device inspections regulated under the Weights and Measures Act on behalf of Measurement Canada. Measurement Canada is expecting the registration program to enable it to work closely with all service providers in the downstream petroleum sector and to maintain a fair and competitive marketplace for all commercial partners in this sector.

The terms and conditions of the program are written in a manner that allows the program to be expanded to other trade sectors should stakeholders from other sectors recommend a similar program during the trade sector review process.

1.0 General

1.1 Program Name

The program is referred to as the "Measurement Canada Registration Program." Officially, it is the terms and conditions under which an organization can be authorized to conduct inspections pursuant to the Weights and Measures Act in trade sectors listed in section 1.3 below.

1.2 Program Objectives

The program's primary objective is to authorize qualified organizations to inspect and certify devices used in trade pursuant to the Weights and Measures Act. Also, through the program, Measurement Canada intends to take the opportunity to help increase device compliance rates by enhancing the understanding of legal requirements by service providers and by making service providers more aware of the importance of their roles and responsibilities with respect to the creation and maintenance of a fair and competitive marketplace.

1.3 Program Scope

Additional information in the guide for section 1.3

1.3.1 General

The program scope includes initial factory and field inspections and subsequent factory and field inspections of approved weighing and measuring devices pursuant to the Weights and Measures Act and Weights and Measures Act and Regulations that are used for trade in the trade sectors listed in section 1.3.2. Some sectors could have limited scope in terms of inspection types and device types.

The Weights and Measures Inspection Certificate Completion Manual provides a detailed description of trade sectors (detailed description of trade sectors Appendix 3), device types (detailed description of device types Appendix 1) and inspection types (detailed description of inspection types Appendix 5).

Exclusions to the program scope are listed in section 1.3.3 below.

Note: The scope of registration is open to certain device types or product groups for which Measurement Canada training is not yet available. An organization may apply for these device types but have its scope of registration restricted until such time as training becomes available or Measurement Canada has accepted a combination of significant expertise and experience demonstrated by the organization as an alternative to training.

1.3.2 Program Scope by Sector

The figures to the right of the name of the trade sector represent the first two figures of the code used in the Appendix 3 of the Weights and Measures Inspection Certificate Completion Manual.

1.3.2.1 Downstream Petroleum Sector (06)
  • all inspection types;
  • all device types.
1.3.2.2 Retail Petroleum Sector (18)
  • all inspection types;
  • all device types.
1.3.2.3 Dairy Sector (15)
  • all inspection types;
  • all device types.
1.3.2.4 Retail Food Sector (22)
  • subsequent inspections only;
  • all device types.
1.3.2.5 Fishing and Fish Products Sector (01)
  • all inspection types;
  • all device types.
1.3.2.6 Forestry Sector (02)
  • all inspection types;
  • all device types.
1.3.2.7 Grain and Field Crop Sector (03)
  • all inspection types;
  • all device types.
1.3.2.8 Mines and Metals Sector (05)
  • subsequent inspections only;
  • all device types.
1.3.2.9 Livestock and Poultry Industries (07)
  • all inspection types;
  • all device types.
1.3.2.10 Food and Beverage Manufacturing (09)
  • all inspection types;
  • all device types.
1.3.2.11 Chemical Products Industry (10)
  • all inspection types;
  • weighing devices (scales);
  • meters used to measure the following products:
  • Alcohols
  • Fertilizers
  • Solvents
1.3.2.12 Fruits and Vegetables Industry (19)
  • all inspection types;
  • all device types.
1.3.2.13 Textile Industry (12)
  • all inspection types;
  • all device types.
1.3.2.14 Transportation Industry (21)
  • all inspection types ;
  • all device types.
1.3.2.15 Metal Scrap Industry (20)
  • all inspection types;
  • all device types.
1.3.2.16 Waste Collection and Disposal Industry (23)
  • all inspection types;
  • all device types.

1.3.3 Program Exclusions

  • inspections of systems for cryogenic liquids, and other liquefied gases (see Note 1 below);
  • inspections of automatic continuous totalizing devices (conveyor belt scales, device type 6-11);
  • inspections of dynamic weighing (integrating) scales (device types 08-20 waste weighers (waste disposal & recycling vehicles) and 08-22 front end loaders);
  • Inspection of in motion railway scales (device types 10-11, 10-21); and
  • complaint inspections.

Note 1: Inspections of systems for liquefied petroleum gases, such as propane and butane (product code 31) and anhydrous ammonia (NH3, product code 32) are included in the present scope of registration if these systems are used in a trade sector listed in 1.3.2.

1.4 Definitions

For the definitions of the trade sectors and of Retail and Wholesale Trade, please refer to the Appendix 3 of the Weights and Measures Inspection Certificate Completion Manual.

For the purposes of this document, the definitions included in the Weights and Measures Act and Regulations are applicable.

In addition, the following definitions also apply:

Act:

Weights and Measures Act.

As-found results:

means the results of tests performed or observations made upon arrival at the site and before the device is adjusted or repaired. See also section "20) As Found" of the Weights and Measures Inspection Certificate Completion Manual.

Authorized service provider:

organization that has been delegated inspection, calibration and/or certification powers pursuant to the Weights and Measures Act or the Electricity and Gas Inspection Act.

Calibration:

comparison of a measuring equipment, device or meter of unknown accuracy to another measuring equipment, device or meter of known accuracy (traceable to a recognized national standard) to detect, correlate, report or eliminate by adjustment any variation from the required performance limits of the unverified measuring system, device or meter. For the purposes of this document, calibration takes place prior to final inspection activities.

Device:

a measuring machine as defined in the Weights and Measures Act and Regulations.

Device major non-compliances:

for the purposes of this document, the descriptions of major non-compliances included in the section 2.2 of Measurement Canada Enforcement Policy for Weighing and Measuring Devices, Part 1 — Role of Authorized Service Providers are applicable.

Device minor non-compliances:

any non-compliance not identified under major non-compliances.

Device non-compliance:

a condition where the device is not in accordance with the requirements.

Device Type:

For the purposes of this document and the Terms and Conditions Guide, device type includes any device type or subtype described in the Weights and Measures Inspection Certificate Completion Manual.

Follow-up inspection:

an activity performed by Measurement Canada that has for objective the monitoring of the inspection work performed by an organization or a recognized technician pursuant to the registration program. This could be done by inspecting a device previously certified by the technician or by observing the technician while he/she is conducting the inspection.

Initial inspection:

means a mandatory inspection performed before a device is used in trade for the first time.

Inspection:

means the activity of measuring, examining, evaluating, testing or gauging one or more characteristics of a device or meter to determine its acceptability, and it includes documentation of results.

Inspector:

in the context of the registration program, a registered organization has entered into an agreement with the Minister of Industry and has been delegated inspection powers pursuant to the Weights and Measures Act.

Legal requirements:

means all pertinent requirements contained in the applicable Act, Regulations, Specifications and any related documents used for the purposes of administering the Act and Regulations.

Management representative:

the person in authority who will act as the organization's representative to, and main contact for Measurement Canada.

Organization:

body corporate incorporated or continued under the laws of Canada or the laws of one of the Provinces.

Organization number:

an alphanumeric code assigned by Measurement Canada to an organization that has been designated as inspector.

Point of service:

The geographic location from where a recognized technician offers inspection services. Services could be offered from a place of business or the residence of the technician.

Recognized technician:

means an individual, employed by a registered organization, whose competencies have been successfully assessed and who is recognized by Measurement Canada to inspect devices and issue inspection certificates.

Regulations:

Weights and Measures Regulations.

Re-inspection:

means any inspection performed following a subsequent inspection where a device has been rejected. Does not apply following an initial inspection.

Reporting location:

the location of the manager that the recognized technician reports to when performing inspection services.

Subsequent inspection:

any inspection other than the first (initial) inspection of a device before its use in trade. For the purpose of this document, it includes re-inspection. Subsequent inspections do not include additional initial inspections that may be performed until such time as the device is certified as meeting the requirements for the first time.

Top manager:

the person who directs and controls the organization at the highest level for the scope of registration being sought (Top management).

Violation:

refers to actions or omissions, committed by a registered organization or recognized technician in the course of device inspections, that contravene program requirements. (See section 1.11.1 of the Guide to section 1.11.3 of the Guide for details regarding violations).

Additional information in the guide for section 1.4

1.5 Eligibility

Any organization willing to comply with the criteria and requirements established in this document may apply for registration to perform inspections of devices used in commercial transactions in trade sectors listed in section 1.3 Program scope. In making such an application, the organization agrees to abide by Measurement Canada's policies and procedures related to the registration process. The application being submitted must be signed by the organization's top manager as defined in section 1.4 Definitions.

Measurement Canada will only accept applications from established legal entities such as organizations that are incorporated under the laws of Canada or the laws of one of the Provinces.

Note: With regard to applications from organizations in the United States of America and Mexico, additional review of the organizational status must be conducted by Measurement Canada prior to the acceptance of the application. These organizations are not required to be incorporated under the laws of Canada or the laws of one of the Provinces, but they are required to be an established legal entity in their respective country.

To be eligible for the registration program and to maintain registration, interested organizations shall have at least one recognized technician as their employee or undertake the steps required to have one of their technicians recognized. Registered organizations cannot issue inspection certificates on behalf of Measurement Canada through recognized technicians who are not their employee(s), over whom they have no authority or with whom there is no employer-employee relationship.

Additional information in the guide for section 1.5

1.6 Registration Application

Any organization filing registration application shall:

  • submit an application in writing, on the form provided by Measurement Canada and signed by a top manager of the organization with executive authority, to the Measurement Canada Regional Manager Alternate Service Delivery office (hereafter referred to as Regional Manager ASD);
  • meet the eligibility criteria;
  • commit to comply with the requirements of the registration program and Measurement Canada policies and procedures; and
  • provide all relevant information, including:
    • the legal (registered) name and address of the organization (the Provincial or Federal registration number shall be included);
    • the articles of incorporation;
    • the organization's scope with respect to the registration program;
    • the name of the management representative; and
    • the name of the top manager.

Additional information in the guide for section 1.6

1.7 Scope or Area of Registration

The organization must clearly define the scope for which it requests registration. The organization shall clearly:

Additional information in the guide for section 1.7

1.8 Granting, Maintenance, Suspension, Revocation and Reinstatement of Registration

1.8.1 Granting of Registration

The organization's top manager and the President of Measurement Canada, on behalf of the Minister, will enter into an agreement, and the organization will be designated as an inspector (see Appendix 2 of this document for a sample agreement).

The agreement outlines its requirements, sets its terms and conditions and describes the responsibilities of the organization. Appended to the agreement (Schedule A to the agreement) is a list of the names of the organization's recognized technicians and the types of devices they are authorized to inspect and certify.

The agreement shall be in effect from the date of execution. Subject to section 1.11, this agreement may be terminated by mutual agreement of the parties with a 90 day written notice.

1.8.2 Maintenance of Registration

Once granted, the registration is not transferable. In the case of a name or ownership change of the organization, the agreement is no longer valid. A new application must be submitted to and accepted by Measurement Canada before the organization can proceed to perform any inspection activities on behalf of Measurement Canada.

Any inspections performed after the sale of a registered organization are not valid unless Measurement Canada has issued a letter, and signed a new agreement as applicable, for the new organization before inspections occurred. If the inspections are not valid, they will have to be redone by a registered or accredited organization.

A registered organization that does not inspect any devices on behalf of Measurement Canada for a period of one year (calendar) must contact Measurement Canada when it plans to perform inspections so that Measurement Canada can ensure that the organization's technicians have maintained the required level of knowledge and competencies in order to retain their recognition.

The organization must advise Measurement Canada of any changes to the top manager, manager representative, or contact person under the Agreement as soon as these changes come into effect.

1.8.3 Voluntary Suspension of Registration

An organization may decide to voluntarily suspend its registration at any time. However, when there is no longer a recognized technician employed by the organization, the organization must request a voluntary suspension of its registration from Measurement Canada.

A request for voluntary suspension must be submitted in writing by the top manager of the organization.

1.8.4 Suspension of Registration Due to Measurement Canada Enforcement

The suspension of registration is normally the result of serious misconduct on the part of the organization. Suspension may apply to certain recognized technicians or to the whole organization.

When the suspension is due to a Measurement Canada enforcement action, the organization shall ensure that the situation that led to the suspension is corrected before submitting a request to reinstate its registration or the recognition of a technician.

For a first major violation see the Registration Program Guide committed intentionally, the registration of the organization will typically be suspended for six months.

A request for the reinstatement of registration must be submitted in writing by the top manager of the organization.

1.8.5 Revocation of Registration Due to Measurement Canada Enforcement

The revocation of the registration of an organization is the result of repeated serious misconducts on the part of the organization. A revocation involves the agreement between Measurement Canada and the organization being revoked. Additional legal action may also be pursued by Measurement Canada. A revocation is permanent and will not be reinstated.

1.8.6 Reinstatement of Registration

An organization whose registration has been suspended or revoked may submit a request to Measurement Canada for the reinstatement of its registration. In all cases, the organization must demonstrate by appropriate evidence that it meets all applicable requirements. However, Measurement Canada reserves the right to refuse the reinstatement of the registration.

Before the reinstatement of the organization's registration that has been suspended, Measurement Canada may require one or more of the following:

  • a new application for registration on the official form;
  • one or more practical evaluations for one, several or all the technicians who were on the Schedule A of the organization before the suspension / revocation and that the organization wants to add to the new Schedule A;
  • the payment by the organization of the registration fees, if applicable;
  • the signing of a new agreement;
  • a demonstration to Measurement Canada of the extent to which the organization has mended its ways and the degree to which it has restored the required level of confidence.

Additional information in the guide for section 1.8

1.9 Changes of Scope and Addition or Removal of Recognized Technicians

The organization shall submit a written application (in a letter, electronically or with an Application for Authorization of Service Providers) to the Measurement Canada Regional Manager ASD office, to request an amendment to the content of its agreement with Measurement Canada or to Schedule A of the agreement. The application being submitted must be signed by the organization's top manager. The organization's top manager may delegate this responsibility to the management representative if a written copy of this delegation has been sent to Measurement Canada. The organization shall request and obtain authorization from Measurement Canada prior to making the following changes:

  • adding new device types to its scope;
  • adding or removing technicians in Schedule A;
  • amending the list of device types that a technician may certify;
  • amending certificates, stickers or seals (Schedule C);
  • amending the list of physical standard types that a technician may use; and
  • any other modification that could change the scope or conditions of the agreement.

Measurement Canada will not process applications for expansions of scope if the applicant has not adequately addressed or resolved outstanding violation.

1.10 Surveillance and Monitoring

On a regular basis, through meetings with the management representative of the organization and follow-up inspections, Measurement Canada will monitor registered organizations and recognized technicians. In addition to the reference documents listed in section 2.4 of this document, organizations and recognized technicians shall be able to produce, on demand:

  • verification stickers,
  • certificates,
  • seals,
  • sealing apparatus used

Measurement Canada will perform follow-up inspections for all organization's recognized technicians.

In addition, over a 12 month period, a follow-up inspection must be performed on all device types and subtypes inspected by the recognized technician within that period. The selection of the devices must also be representative of physical standards used and products measured in order to cover the technician's scope.

For any violation detected, Measurement Canada will send the appropriate letter. The organization shall be responsible for investigating the reason(s) for the violation and for taking the appropriate corrective action to Measurement Canada's satisfaction.

Additional information in the guide for section 1.10

1.11 Enforcement Policy - Implementation and Enforcement Action Applicable to Organizations and Recognized Technicians

Enforcement action shall be taken when a registered organization or recognized technician demonstrates an inability to continue to meet applicable criteria and requirements.

Action taken shall be commensurate with the seriousness of violations; their impact on measurement fairness and accuracy; whether they were accidental or intentional; as well as number of times they were repeated or their frequency. Enforcement action may result in, but not be limited to, revocation of authority to conduct inspections.

Measurement Canada reserves the right to take enforcement action without notice, if needed.

Additional information in the guide for section 1.11

1.12 Appeal Process

Measurement Canada accepts appeals, complaints and disputes from organizations that are registered or are seeking registration. Regional Directors are the first point of contact for appeals, complaints and disputes. The Vice President, Innovative Services Directorate, is the second point of contact, and the

President, Measurement Canada, is the third point of contact.

1.13 Fees

The organization shall pay an initial registration fee of $1000 prior to being granted registration or prior to registering for training whichever comes first. Subsequently, an annual fee of $1000 shall be paid by the organization to maintain registration.

The applicable training fees are $100 for each day or part thereof a day per technician and are payable prior to commencement of the course.

Additional information in the guide for section 1.13

1.14 Public List of Registered Organizations

The Measurement Canada internet site will include an up-to-date list of registered organizations with their area of expertise.

1.15 Official Languages Act

All services provided by a registered organization on behalf of Measurement Canada must be in accordance with the Official Languages Act.

2.0 Requirements for Registered Organizations

2.1 Conformance with Requirements

Although Measurement Canada recognizes the benefits of an organization having a quality management system, the registration program does not require the implementation of such a system within the organization. Top management of the organization, however, shall take the necessary action to ensure that the program requirements are met as well as measures to ensure that the organization's staff, including its recognized technicians, comply with program requirements, Measurement Canada directives, policies and procedures, the Weights and Measures Act and Regulations, and shall take the action(s) necessary to guarantee the said conformance.

2.2 Recognized Technicians

Only recognized technicians are allowed to perform inspections on behalf of Measurement Canada under the organization's defined scope.

The organization is liable for the work performed by its recognized technicians under the registration program.

The organization shall ensure that criminal records checks are initiated and conducted regarding the technicians that will perform work on behalf of the organization in its capacity as a designated inspector for Measurement Canada. The organization shall ensure that a declaration regarding the existence of a criminal record be obtained and remitted to the President of Measurement Canada. Specifically, the person will be required to state whether he or she has been convicted of a criminal offence for which a pardon has not been granted.

Additional information in the guide for section 2.2

2.3 Technician Training and Competency

The registered organization shall ensure that its recognized technicians:

  • have the appropriate knowledge, competency and training on the device(s) they intend to certify;
  • understand Measurement Canada requirements and apply them correctly; and
  • maintain the level of knowledge required by Measurement Canada.

The organization must maintain up-to-date individual records of the training received by its recognized technicians and take the necessary action to ensure conformance in this regard.

If Measurement Canada determines, through follow-up inspections, that a recognized technician is not performing inspections in accordance with requirements and a lack of knowledge is identified, then the technician shall be required to undergo additional training and competency testing. Applicable fees will be charged.

2.4 Reference Documents

The registered organization shall provide recognized technicians with current copies of the following documents:

The organization must ensure that recognized technicians, including those who conduct inspections in the field, have direct access to these documents at all times and be able to provide evidence as such during a follow-up inspection or meeting, should Measurement Canada request it.

Additional information in the guide for section 2.4

2.5 Physical Standards

The registered organization shall use and maintain in good condition standards that are traceable, accepted and designated within the time frames prescribed by Measurement Canada. A copy of a valid certificate of designation shall be retained by the organization and a copy shall be kept with the standard.

The registered organizations shall provide clear instructions to all of its recognized technicians requiring them to verify the condition of standards (dents, leaks, rust, etc.) and to ensure that Measurement Canada certificates of designation are valid. This also applies to borrowed or rented standards. A copy of the certificates of designation for those borrowed or rented standards shall be maintained by the registered organization.

Standards that are used by recognized technicians to inspect devices used in trade and that require particular attention must be monitored by the organization for accuracy at the frequency determined by Measurement Canada (e.g., ice point test performed on electronic thermometers) and records of results must be maintained.

Standards that are damaged, whose security seal is broken, or whose quality or accuracy are questionable, shall be taken out of service immediately upon the discovery of such. They must be repaired, re-calibrated and designated before being put back into service.

In the event that an organization owns standards that are not designated as local standards (cannot be used for device certification), these standards must be clearly identified to differentiate them from those standards that are used to certify devices.

Additional information in the guide for section 2.5

2.6 Service and Inspection of Devices Used in Trade

When an organization services, inspects, marks or seals devices used in trade, this must be done pursuant to Measurement Canada requirements.

Devices within a registered organization's scope may be repaired by a non-recognized technician of a registered organization. This person cannot, however, certify devices on behalf of Measurement Canada. Should the device owner or trader who uses the device wish to receive a certificate, a recognized technician of the registered organization must conduct the device inspection and issue the certificate. The registered organization can only issue certificates for device types within the scope of its registration.

A registered organization is not required or authorized to seal (lock out) devices to prevent their use or to seize non-compliant devices, however, they shall follow the Measurement Canada Enforcement Policy for Weighing and Measuring Devices, Part 1 — Role of Authorized Service Providers when it finds that the requirements of the Weights and Measures Act, Regulations and Specifications are contravened.

In the event that an organization or technician notices that due to a mistake on their part, a device that does not meet requirements has been put into service or certified, the organization must:

  • take the necessary corrective action with the trader who owns or uses the device;
  • attempt to determine the cause of the non-compliance; and
  • submit a report to Measurement Canada outlining the actions taken.

Additional information in the guide for section 2.6

2.7 Forms, Reports, Certificates, Seals, Inspection Markings and Verification Indicators

Inspection certificates, test and non-compliance reports, seals, inspection markings, and verification indicators shall be designed and produced in compliance with requirements set out by Measurement Canada, and shall be accepted by Measurement Canada prior to use by the organization. The organization shall distribute, send and retain them in accordance with Measurement Canada instructions.

All documents retained by the registered organization pursuant to these registration program requirements must be available upon request by Measurement Canada.

Additional information in the guide for section 2.7

2.7.1 Test Reports and Inspection Certificates

When applicable, the test results of device calibrations done by recognized technicians on behalf of Measurement Canada must be documented and retained by the registered organization pursuant to the program requirements. (See the Appendix 3 of this document)

The registered organization shall send an original copy of certificates to the local Measurement Canada district office at least once a week, but no longer than 15 days from the date of their issue.

2.7.2 Control of Inspection Certificates, Seals, Inspection Markings and Verification Indicators

The registered organization shall take all reasonable steps to ensure the control of inspection certificates, seals, inspection markings and verification indicators so as to avoid their loss or misuse. Seals, inspection markings and verification indicators shall be used solely on devices certified on behalf of Measurement Canada.

The registered organization shall take all necessary steps (through records or otherwise) to ensure control and traceability of inspection certificates from their point of acquisition to their delivery, to their use by recognized technicians and their issuance, through to their filing and retention. Inspection certificates shall be numbered for tracking purposes. Inspection certificates may be generated electronically immediately following inspections however each copy must be signed by the recognized technician who performed the inspections.

The registered organization shall adhere to the requirements related to inspection certificates and their completion which are found in Appendix 5 and in the Weights and Measures Inspection Certificate Completion Manual. This manual also specifies the requirements for Cancelled/Invalid Certificates.

2.7.3 Retention Period for Inspection Certificates, Device Test Reports and Non-Compliance Reports

The registered organization shall retain a copy of inspection certificates, device test reports and non-compliance reports for a minimum of three years.

2.7.4 Retention Period for Physical Standards Certificates of Designation and Test Reports

The registered organization shall retain physical standard certificates of designation and test reports for the following: the lesser of a period equivalent to three verification cycles or until the standard is withdrawn from service.

2.7.5 Requirements of Sections 40, 41 and 42 of the Weights and Measures Regulations

The registered organization is not required to submit the reports required in sections 40, 41 and 42 of the Weights and Measures Regulations when devices it services (repairing, altering or adjusting) are from types within the scope of its registration and for which inspection certificates were issued by a recognized technician. Inspection certificates are used for this purpose. In all other cases, when a seal is broken or a device is altered, adjusted or repaired, the registered organization shall submit the reports set out in sections 40, 41 and 42 of the Weights and Measure Regulations.

2.8 Device Traceability

The organization shall maintain records which identify names and addresses of the initial point of shipment of devices that are sold, leased or otherwise disposed of for use in trade. These records must indicate the devices' serial numbers.

For each inspection performed, the organization must be capable of identifying physical standards which were used for the inspection.

Additional information in the guide for section 2.8

2.9 Planning Follow-Up Inspections by Measurement Canada

The organization shall work with Measurement Canada in planning and conducting follow-up inspections. At the request of Measurement Canada, the organization shall provide all necessary information (see section 2.7) and reasonable assistance to conduct these inspections.

When requested by Measurement Canada, the organization shall plan its inspections so that a follow-up inspection in the presence of the technician is conducted for each recognized technician at least once a year.

Additional information in the guide for section 2.9

2.10 Additional Responsibilities for Registered Organizations

The registered organization shall:

  • only claim that it is registered with respect to those activities for which it has been granted registration;
  • not use its registration in such a manner as to bring Measurement Canada into disrepute, and not make any statement regarding its registration which Measurement Canada may consider misleading or unauthorized;
  • upon suspension or revocation of its registration (however determined), discontinue use of all advertising matter that contains any reference thereto and return any registration documents as required by Measurement Canada;
  • ensure that no registration document, mark or report, or any part thereof, is used in a misleading manner;
  • in making reference to its registration in communication media such as documents, brochures or advertising, comply with the requirements of Measurement Canada.

3.0 Requirements for Recognized Technicians

3.1 Prerequisites to Recognition, Technician Training and Evaluation

To be recognized and to be granted authorization to conduct, on behalf of Measurement Canada, inspections of devices governed under the Weights and Measures Act within a registered organization's scope, technicians shall:

  • be employed by a registered organization;
  • have successfully completed mandatory theoretical training that may be given by Measurement Canada or by an organization recognized by Measurement Canada;
  • have successfully passed theoretical evaluation and the associated practical evaluation; and
  • be on the list in Schedule A to the said organization's agreement with Measurement Canada.

Recognized technicians must receive additional training when significant changes are made to inspection requirements or procedures, or in cases where the scope of an organization's registration has been expanded. Measurement Canada, in consultation with the registered organization, shall determine supplementary training and evaluation needs.

Additional information in the guide for section 3.1

3.2 Maintenance of Authorization to Conduct Inspections

To maintain authority to inspect devices, technicians shall demonstrate they have maintained their knowledge by achieving satisfactory results in periodic follow-up inspections on devices for which they are authorized to inspect.

Following such follow-up inspections, if technicians are found to no longer have the knowledge or skills required, their authority to inspect and issue certificates shall be suspended temporarily until such time as they can demonstrate their ability to again meet requirements. In such cases, new training and re-evaluation will be conducted, as required.

Measurement Canada reserves the right to reassess technicians at any time.

Additional information in the guide for section 3.2

3.3 Reference Documents

Technicians shall have the reference documents listed in section 2.4 and shall keep them up to date.

3.4 Use of Physical Standards

Technicians shall:

  • use appropriate standards when calibrating devices used in trade, keeping in mind the type and capacity of the device and the product being measured;
  • use standards as per procedures set out by Measurement Canada;
  • maintain and preserve standards in good condition to prevent their deterioration; and
  • be able to provide a current valid certificate issued by Measurement Canada for each standard used for inspection, upon request by Measurement Canada.

3.5 Inspection and Certification

Only recognized technicians actively employed by a registered organization are authorized to inspect and certify devices on behalf of Measurement Canada. They shall calibrate, inspect, seal and mark in accordance with Measurement Canada requirements.

In order to be certified for use in trade, each weighing and measuring device shall be inspected individually; sampling is not permitted. The entire evaluation and inspection procedure shall be performed prior to the issuance of a certificate showing the device meets the requirements of the Weights and Measures Act and Regulations.

Immediately at the end of the inspections, recognized technicians shall issue to the owner or person in possession of the device, an inspection certificate indicating whether or not the said device meets the requirements of the Weights and Measures Act, Regulations and Specifications. Recognized technicians shall seal and mark the device if it meets all legal requirements. Seals and stickers shall be used solely on devices certified on behalf of Measurement Canada. Legal requirements include those related to device configuration, performance and installation.

Additional information in the guide for section 3.5

3.6 Reports and Certificates

The recognized technician shall complete test reports and certificates that comply with program requirements. For each inspection, he shall report on the inspection certificate "as found" measurement errors and other non-compliances (i.e devices that are not configured, installed or located properly, etc.) for Measurement Canada compliance monitoring purposes as well as to assist Measurement Canada in determining the frequency of device certification periods.

Technicians shall also adhere to all reporting requirements.

Additional information in the guide for section 3.6

4.0 Responsibilities of Measurement Canada

Measurement Canada shall:

  1. establish and publish the policies and procedures regarding registration;
  2. assist interested organizations to acquire and interpret information relevant to the registration program;
  3. review applications for registration and verify that each application falls within the scope of the program;
  4. where applicable, deliver the appropriate technical training to the technician(s) of organizations seeking registration;
  5. where an organization meets the registration criteria and requirements, designate the organization as an inspector for the purpose of the Weights and Measures Act by entering into agreement with the organization and stipulating any conditions and limitations of the designation.
  6. specify any conditions to which the granting of registration is subject;
  7. issue letters of registration to successful applicants;
  8. maintain and publish a list of registered organizations;
  9. at least once a year, meet the registered organization to confirm the continued adherence to the registration criteria and requirements;
  10. perform follow-up inspections to provide additional assurance in the registered organization's ability to provide inspection services that ensure the conformance of devices to legal requirements;
  11. report the results of any follow-up inspections to the organizations concerned;
  12. notify a transgressing organization of the pending revocation of its registration and, after revocation of a registration, amend the list of registered organizations to indicate that the registration has been revoked;
  13. suspend a technician or the registration for all or part of an organization's scope of registration in instances where the technician or the organization fails to adhere to the requirements of the Weights and Measures Act and Regulations or the terms and conditions under which registration was granted;
  14. revoke a technician or the organization's registration if one or the other fails to take corrective action following either a suspension of registration or the commission of an offence under the Weights and Measures Act and Regulations or if the situation justifies it;
  15. inform registered organizations of any changes to the applicable legislation, regulations, policies and procedures.

Additional information in the guide for section 4.0

Appendix 1

Application for Authorization of Service Providers

Appendix 2

Sample agreement for organizations registered to perform inspections pursuant to the Weights and Measures Act.

Appendix 3

Requirements for test and non-compliance reports applicable to organizations authorized to perform inspections pursuant to the Weights and Measures Act

Appendix 4

Requirements for seals, inspection markings and verification indicators applicable to organizations authorized to perform inspections pursuant to the Weights and Measures Act

Appendix 5

Requirements for inspection certificates.