C-03 — Filling of Liquified Propane Gas Cylinders

C-03 — Filling of Liquified Propane Gas Cylinders (PDF, 59 KB, 4 pages)

Category: Commodity
Bulletin: C-03 (rev. 5)
Document(s): W&M Act, sections 9 & 33; W&M Regulations, paragraph 46(a), sections 48(3) and 49(2) and Schedule II
Issue Date: 2012-09-18
Effective Date: 2012-10-01
Supersedes: C-03 (rev. 4)

Table of Contents

1.0 Purpose

The purpose of this bulletin is to provide guidance with respect to the sale of propane for portable cylinders.

2.0 Safety

This bulletin neither supersedes nor is intended to contradict or circumvent any other government or industry rules governing safety related to propane filling systems.

3.0 Methods of Measurement

3.1 The following three measurement methods, currently used in the sale of propane for portable cylinders, are accepted by Measurement Canada:

3.1.1 Cylinder exchange programs, whereby a customer's cylinder is exchanged for a cylinder that has been filled, measured and marked with a net weight prior to being offered for sale.

3.1.2 A weighing method whereby a customer's cylinder is filled at the time of the sale and returned to the customer. The weight of the propane added to the cylinder is provided to the customer. Retailers must use approved and inspected scales to determine the weight of propane delivered, which is determined by subtracting the weight before filling from the weight after filling.

3.1.3 A metering method whereby a customer's cylinder is filled at the time of the sale and returned to the customer. The volume of the propane added to the cylinder is provided to the customer. Retailers must use approved and inspected meters to determine the volume of propane delivered.

3.2 Measurement Canada does not limit retailers to the three methods described above. However, if other methods are used, they must meet the requirements of the Weights and Measures Act (WMA).

3.3 As per the Weights and Measures Act, Regulations and Specifications, scales and meters used for filling cylinders must be suitable for their intended application and must be adequately protected from adverse climatic conditions.

4.0 Applicable Legislation

4.1 Under retail cylinder exchange programs (section 3.1.1), propane is sold as a prepackaged product, and as a result, the cylinders must be packaged and labelled in accordance with the Consumer Packaging and Labelling Act.

4.1.1 The stated quantity must be accurate, subject to the tolerances prescribed by the Consumer Packaging and Labelling Regulations.

4.1.2 For detailed information regarding the Consumer Packaging and Labelling Act, contact the Competition Bureau.

4.2 Non-retail cylinder exchange programs and the methods of sale described in sections 3.1.2 and 3.1.3 are subject to the WMA.

4.3 Regarding the sale of propane referred to in section 4.2, the stated quantity must be accurate, according to the limits of error prescribed in the following subsections of the Weights and Measures Regulations (WMR):

4.3.1 Subsection 49(1), when propane is sold on the basis of weight; and

4.3.2 Subsection 49(2), when propane is sold on the basis of volume.

4.4 With respect to sales of propane subject to the WMA, any quantity shortage in excess of the prescribed limits of error constitutes a violation of sections 9 and/or 33 of the WMA.

5.0 Statement of Quantity

5.1 A written or printed statement of quantity must be provided to meet the requirements of section 9 of the WMA.

5.2 Although paragraph 46(a) of the WMR exempts commodities weighed and measured in the presence of the purchaser from the statement of quantity requirement set out in section 9 of the WMA, this exemption does not apply to the measurement methods described in sections 3.1.2 and 3.1.3 of this document. This is because propane purchasers are prohibited from entering the area where the propane is measured, and as a result, they are unable to see the quantity indications on the measuring equipment. Consequently, a written or printed statement of quantity must be provided.

5.3 As required by subsection 48(3) of the WMR, when the price of propane is based on a unit of measurement, that same unit of measurement must be used to state the quantity (e.g., the statement of quantity must indicate kilograms (kg) when the propane is sold by $/kg, litres (L) when the propane is sold by $/L and pounds (lb) when the propane is sold by $/lb).

6.0 Pricing

Many commodities are sold on a price per unit of measurement basis (e.g., $/kg, $/L). However, there is no requirement in the WMA or the WMR that says that a commodity must be sold on a price per unit of measurement basis. Consequently, a retailer has the option of selling propane at a fixed price regardless of the amount of propane added to the cylinder.

7.0 Enforcement Action

In cases where a propane cylinder is under filled and the quantity of propane is beyond the allowable limit of error, enforcement could include issuing information or warning letters to traders, meeting with traders to discuss corrective actions and possibly initiating prosecution. If you suspect you have received inaccurate measure, please contact the nearest Measurement Canada office.

8.0 Revisions

The purpose of revision 5 is to:

  • state more precisely the scope of sections 1.0 and 2.0;
  • provide a better description of the methods of measurement in section 3.0;
  • delete the previous section 3.3;
  • combine the previously numbered section 5.0 into section 4.0;
  • create a new section 6.0 titled "Pricing";
  • renumber the sections following section 4.0; and
  • modify the text and/or format in sections 4.0, 5.0, 6.0 and 7.0.

The purpose of revision 4 was to:

  • add a statement concerning other government requirements and safety;
  • clarify the methods of sale previously found in section 2, now section 3;
  • renumber the sections to be more consistent;
  • add the requirement for a written statement of quantity; and
  • make revisions to text and format to clarify the content.

The purpose of revision 3 was to:

  • clarify the requirements contained in sections 2 and 4;
  • incorporate the requirements of the previous section 4 into section 2;
  • renumber previous sections 5 to 9; and
  • make minor revisions to the text.

The purpose of revision 2 was to:

  • remove previous sections 2.4, 2.4.1, 2.4.2, 2.4.3, 4.3, 5.3 and 5.3.1 in order to reflect current requirements and replace them with an explanatory paragraph;
  • clarify the requirements applicable to cylinder exchange programs; and
  • make minor revisions to the text.

The purpose of revision 1 was to:

  • indicate that the "fill" method of sale would no longer be acceptable as of January 1, 2000; and
  • combine bulletins C-03 and C-04 (rev. 1) into a single bulletin.

9.0 Additional Information

For additional information regarding this bulletin, please contact the Senior Program Officer responsible for commodity measurement.

Lance Robertson
Senior Program Officer, Commodity Measurement
Program Development Directorate
151 Tunney's Pasture Driveway
Ottawa ON K1A 0C9
Telephone: 613-952-0661
Facsimile: 613-952-1736