Reporting the Location of a Device’s First Point of Trade Use
Document(s): W&M Reg, section 38 & 39
Issue Date: 2011-XX-XX
Effective Date: 2011-XX-XX
Table of Contents
- 1.0 Purpose
- 2.0 Scope
- 3.0 Authority
- 4.0 Terminology
- 5.0 Background
- 6.0 Policy
- 7.0 Additional Information
The purpose of this bulletin is to establish reporting criteria for dealers, authorized service providers (ASPs) and/or traders with regards to new or used trade devices being put into service at a particular location for the first time. This information is required by Measurement Canada (MC) to allow for follow up work and to maintain an accurate data base of trade devices installed in Canada.
This bulletin applies to all stationary and mobile volumetric liquid measuring machines and any other trade devices that are inspected under the authority of the Weights and Measures Act which are considered to be installation sensitive such that the manner of installation can effect the performance of the device, and are initially inspected in locations other than their home base or first point of trade use.
Sections 38 and 39 of the Weights and Measures Regulations, developed under the authority of section 10 of the Weights and Measures Act, require traders to report the location of newly installed devices for trade applications. Through this document, it is deemed that the person or company that sells the device (the dealer) or, in the case of a newly installed device, the ASP that conducts the first inspection on the device has an obligation to either inform the trader of their legal responsibilities, or to fulfill their legal responsibilities on behalf of the trader.
In this bulletin, the words “dealer” and “trader” are used in the same context as in the Weights and Measures Act, and have been included below to eliminate confusion.
Any person who in the course of that person’s business sells, consigns, imports, leases or lends devices.
Any person who trades in the course of business.
Since ASPs began conducting initial inspections on behalf of MC, it has been noted that the installation of new and used trade devices are not being reported to MC as is prescribed by legal requirements. For practical and efficiency reasons, often the devices are inspected at dealers’ premises and moved from one location to another, within a company, and it is the location where the inspection occurred or where the devices were warehoused that is reported on the inspection certificate. This practice does not satisfy MC’s needs or the legal obligations of the trader to report the location of the device(s) under the Weights and Measures Regulations.
MC needs to know the location of all trade devices in order to conduct random tests on specific devices and to maintain an accurate data base of such devices to ensure they are inspected on a regular basis once the legal requirement is in place.
6.1 While it is the trader’s legal responsibility to report, to MC, the location of newly installed measuring equipment for trade applications, it is not reasonable to assume that all traders will know this or follow through with such reporting requirements. It is therefore important that the dealer who has sold the device, or the ASP that conducts the initial inspection of the device, either makes the trader aware of their legal responsibilities or reports the location of the device(s) on behalf of the trader. To assist MC and to ensure that the legal responsibilities of traders are met, dealers and ASPs may choose either of the following options (see section 6.2 and 6.3). Once an option is selected, dealers and ASPs interested in changing their method will need to consult with MC.
6.2 Dealer or ASP Reports Location of Newly Installed Trade Devices on behalf of the Trader
As an added convenience to its clients and to ensure compliance with section 38 of the Weights and Measures Regulations, where a dealer sells a trade device(s) to a trader and has it initially inspected prior to installing or giving it to the trader, the dealer may provide a report or the inspection certificate with the information noted below to the nearest Measurement Canada office.
The following information is required on any such report of new or used trade device installations:
- the name and address of the trader;
- the make, model and serial number of the device in question;
- the range or capacity of the device; and
- the address and description of the place where the device is (based) or is to be installed.
6.3 Dealer or ASP Informs Trader of Responsibilities Under Section 38 of the Weights and Measures Regulations
A dealer or ASP may choose to simply inform the trader of their legal responsibilities to report the installation of a new or used trade device(s) as prescribed and provides them with the address of the nearest MC office, where the reports are to be directed. Additionally, dealers and ASPs must retain evidence, for a minimum of one year, signed by the trader indicating that he/she is informed of his/her legal responsibilities.
7.0 Additional Information
For additional information regarding this bulletin, please contact your local Regional Specialist for either the Gravimetric or Volumetric measurement discipline. For more information regarding Measurement Canada and its programs, visit our Web site located at http://mc.ic.gc.ca.
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