Consultation on Regulations to implement the Act to Amend the Electricity and Gas Inspection Act and the Weights and Measures Act

The Act to Amend the Electricity and Gas Inspection Act and the Weights and Measures Act (formerly Bill C-14) modernizes the legislative framework related to trade measurement in Canada. The introduction of administrative monetary penalties (AMPs) enables a more flexible approach to securing compliance with the Electricity and Gas Inspection Act and the Weights and Measures Act.

Highlights of the legislative amendments include:

  • Providing the Government with the authority to require that measuring devices subject to the Weights and Measures Act be examined (i.e. inspected) at regular intervals;
  • Allowing for the use of non-government inspectors to perform mandatory examinations pursuant to the Weights and Measures Act on behalf of the Minister (government inspectors will remain responsible for enforcement activities);
  • Increasing court-imposed fines under the Electricity and Gas Inspection Act and the Weights and Measures Act up to $10,000 for minor offences, $25,000 for major offences and up to $50,000 for repeat offences, thus providing greater deterrence against measurement inaccuracy and improving consumer protection; and
  • Introducing Administrative Monetary Penalties under both the Weights and Measures Act and the Electricity and Gas Inspection Act.

Measurement Canada is now consulting on the Regulations in preparation of the implementation of the legislative amendments.

Purpose

Measurement Canada is requesting your input on the proposed Regulations.

Measurement Canada’s consultation process is designed to facilitate discussions through the Web, e-mail, fax and mail.  You can also contact Measurement Canada by e-mail for further information regarding any aspect of this process.

Please provide your comments no later than September 9, 2011. Comments and supporting information may be submitted by mail, e-mail or fax by using the following contact information. As applicable, please supply rationale to support your comments.

Mail:

MC Legislative Review
Standards Building
151 Tunney’s Pasture Driveway
Ottawa ON  K1A 0C9

Fax: 613-952-1736

E-mail: MC.LEGISLATION@ic.gc.ca

Regulatory Issues for Consideration:

1) Mandatory periodic examinations under the Weights and Measures Act

Stakeholders in various trade sectors recommended that Measurement Canada re-institute mandatory periodic examinations under the Weights and Measures Act.  Changes were introduced through Bill C-14 to address this recommendation, thereby placing the onus on the traders or device owners to have the examination carried out.

Proposed Regulations to Introduce Mandatory Examination Periods for Devices Used in Trade (Related to Bill C-14 amending the Weights and Measures Act)

2) Administrative Monetary Penalty System

AMPs are monetary penalties aimed at promoting compliance with legislative and regulatory requirements.  An AMP would not result in a criminal record or imprisonment.  However, it would provide an additional option for addressing situations of non-compliance.

Information on the AMP System is included in the consultation document.

Regulatory Proposal for Administrative Monetary Penalties