Regulations Amending the Weights and Measures Regulations: SOR/2024-183

Canada Gazette, Part II, Volume 158, Number 21

Registration
SOR/2024-183 September 20, 2024

WEIGHTS AND MEASURES ACT

P.C. 2024-1023 September 20, 2024

Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, makes the annexed Regulations Amending the Weights and Measures Regulations under paragraphs 10(1)(i)footnote a and (v) of the Weights and Measures Act footnote b.

Regulations Amending the Weights and Measures Regulations

Amendments

1 The portion of subsection 18(1) of the Weights and Measures Regulations footnote 1 before paragraph (a) is replaced by the following:

18 (1) With the exception of devices to which the Specifications Relating to Non-automatic Weighing Devices (1998) or the Specifications Relating to Timber Dimension Measuring Devices apply, the information required by these Regulations to be marked on a device shall be marked

2 (1) The portion of section 21 of the Regulations before paragraph (a) is replaced by the following:

21 (1) Before being sold or otherwise disposed of, or leased, a weighing machine or measuring machine that is of a class, type or design approved under section 3 of the Act, and any equipment or accessory attached to or used in conjunction with the machine that has or could have an effect on the accuracy of the machine and that was approved under section 3 of the Act, shall be marked with the following information:

(2) Section 21 of the Regulations is amended by adding the following after subsection (1):

(2) Subsection (1) does not apply to weighing machines or measuring machines to which the Specifications Relating to Non-automatic Weighing Devices (1998) or the Specifications Relating to Timber Dimension Measuring Devices apply.

3 Section 32 of the Regulations is replaced by the following:

32 For the purpose of paragraph 19(2)(a) of the Act, the seal that shall be attached by an inspector who marks, as prescribed by section 30 or 31, a volumetric liquid meter, measuring tank or electronic device, other than a device to which the Specifications Relating to Non-automatic Weighing Devices (1998) or the Specifications Relating to Timber Dimension Measuring Devices apply, shall be of the self-adhesive, self-locking or lead-and-wire type.

4 Subsection 65(2) of the Regulations is replaced by the following:

(2) This Part does not apply to devices to which the Specifications Relating to Non-automatic Weighing Devices (1998) or the Specifications Relating to Timber Dimension Measuring Devices apply.

5 (1) The heading “Interpretation” before section 120 of the Regulations is replaced by the following:

Definitions

(2) The portion of section 120 of the Regulations before the first definition is replaced by the following:

120 The following definitions apply in this Division.

(3) The definition machine in section 120 of the Regulations is replaced by the following:

machine
means a weighing machine or measuring machine for use in trade. (appareil)

Coming into Force

6 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

As new measuring devices come to market, Measurement Canada is responsible for working with industry to develop specifications before the devices can be approved for use. Under subsection 13(1) and section 27 of the Weights and Measures Regulations (the Regulations), the Minister may establish specifications (technical requirements) relating to the design, composition, construction and performance, installation and use to which specific device types must comply. In addition to the specifications, the devices are also required to comply with requirements set out in the Regulations. In order to ensure that new devices align with the current regulations, the Governor in Council has the authority under section 10 of the Weights and Measures Act to amend the Regulations to avoid overlap or conflict between requirements in the specifications and the regulations.

With the advent of a timber dimension measuring device (TDMD), which is a complex piece of technology that measures the dimensions of logs (diameter measurements and overall length), there is a need for the Minister to establish specifications for the devices and for the Governor in Council to make amendments to the regulations to resolve differences between requirements in the Regulations and the new TDMD specifications.

TDMDs are used to calculate stumpage fees. The latter is levied on the volume of wood harvested that businesses or individuals pay for when they harvest timber from Crown land. The log volume is determined by the provinces based on the TDMD’s measurement. TDMDs are currently in use in the Canadian marketplace. Prior to the use of TDMDs, a method called scaling was commonly used. Scaling is an estimation technique that determines log volume based on measurements made using tape measures. Due to the cost, labour and time constraints associated with scaling, TDMDs were introduced as a more effective method for measuring log volume. There is no requirement to use a TDMD, so the existing scaling method continues to be used by some traders.

To permanently approve TDMDs for use in the marketplace, the Governor in Council is required to amend the Regulations to exclude TDMDs from certain provisions. This is due to the fact that the Minister has established new specifications for the devices, Specifications Relating to Timber Dimension Measuring Devices. The TDMD specifications will be published on Measurement Canada’s website in a stand-alone document outside of the Regulations. The amendments will avoid overlap by ensuring the devices do not have to comply with the requirements contained in the provisions of the Regulations, but rather with those in the new ministerial specifications. The minor consequential amendments are a necessary step to issue the specifications, which will allow for permanent approval of the TDMDs.

Background

The Weights and Measures Act (the Act) governs, among other things, the use of approved and examined weighing and measuring devices that meet established legislative and regulatory requirements, and the accurate measurement of products and services traded on the basis of measurement.

The Weights and Measures Regulations (the Regulations) set out requirements with which devices must comply before they can be approved under the Act for use in trade. These requirements (referred to as specifications) are technical in nature and may be established by the Governor in Council or Minister for specific device types. Specifications previously established by the Governor in Council are in Part V of the Regulations. As new weighing and measuring devices with innovative measurement technology enter the marketplace, it is likely that specifications will be established by the Minister for the devices in stand-alone documents and subsequent regulatory amendments, if needed, will be made by the Governor in Council.

Some requirements in the Regulations are outdated and not applicable to new and innovative measuring devices like TDMDs. In these cases, Measurement Canada develops terms and conditions that set out requirements for specific types of devices. The Minister is authorized under subsection 3(2) of the Act to temporarily approve devices for use in trade for a period and under terms and conditions (technical requirements the devices must meet) specified by the Minister. Measurement Canada developed terms and conditions for the approval of timber dimension measuring devices in collaboration with stakeholders, and they came into effect in January 2016. If the devices complied with the terms and conditions, Measurement Canada could issue a temporary approval for their use in trade. So far, four models of TDMDs have been issued a temporary approval for use in the marketplace.

In 2019, Measurement Canada engaged stakeholders in its plan to convert existing terms and conditions for eight different types of measuring devices, including TDMDs, to ministerial specifications. This would enable stakeholders to apply for permanent device approvals. To provide more certainty with the requirements for TDMDs, the terms and conditions for the approval of timber dimension measuring devices have been converted to new ministerial specifications, the Specifications Relating to Timber Dimension Measuring Devices.

In order for the Minister to establish ministerial specifications for these devices, minor regulatory amendments are needed to ensure that there is no potential contradiction in the requirements for TDMDs.

Objective

The objective of the amendments is to exempt TDMDs from certain requirements in the Regulations and align with the latest requirements in the Specifications Relating to Timber Dimension Measuring Devices.

Description

These minor amendments will exclude TDMDs from the following provisions of the Regulations:

The devices will not be covered by these provisions anymore, as the ministerial specifications have replaced the Regulations with new requirements. The new ministerial specifications will create certainty for TDMD manufacturers, as they will be used to issue permanent approvals for these devices.

Regulatory development

Consultation

No consultations on these minor amendments were undertaken, as there are no new requirements for TDMDs being introduced. This proposal was exempted from prepublication in the Canada Gazette, Part I. No concerns from stakeholders are anticipated, as the amendments are a necessary step to allow the existing temporary terms and conditions to be converted to the new Specifications Relating to Timber Dimension Measuring Devices, which will create certainty with respect to requirements for these measuring devices.

In 2019, Measurement Canada consulted stakeholders on its plan to convert existing terms and conditions for eight different measuring devices, including TDMDs, to ministerial specifications. Measurement Canada shared this information on its website and via email distribution lists to invite feedback from stakeholders who manufacture, distribute or use these devices. Two of the four manufacturers of TDMDs who hold temporary notices of approval under the Act responded in support of the plan, indicating that the initiative would create additional certainty in the marketplace, would be beneficial to them and would not affect their operations or impose additional costs to their businesses.

Modern treaty obligations and Indigenous engagement and consultation

In accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an assessment was conducted to determine whether the regulatory proposal is likely to give rise to modern treaty obligations. The impact of these amendments would not have any implications on modern treaty obligations. The proposed amendments are technical in nature and therefore would not affect Indigenous Peoples.

Instrument choice

Regulatory amendments are required to clarify certain provisions prior to publication of the new Specifications Relating to Timber Dimension Measuring Devices. No other instruments were considered.

Regulatory analysis

Benefits and costs

Benefits

By excluding TDMDs from the marking, sealing and specification requirements, conflict between the Regulations and the ministerial specifications for these devices will be avoided.

Requirements, when set out in ministerial specifications rather than terms and conditions, will provide more certainty to stakeholders. Manufacturers will be able to apply to have TDMDs permanently approved by Measurement Canada for use in trade, and device owners will be able to have permanently approved devices that are installed and used in accordance with the specifications. The additional certainty in the marketplace will help stakeholders with their business operations. Having clear and up-to-date specifications for these devices will also allow Measurement Canada to enforce requirements that reflect the modern technology used in the design and operation of these types of devices.

Costs

No costs to stakeholders are anticipated as a result of these minor amendments. The regulatory amendments will have no impact as no new regulatory or compliance requirements, and administrative costs will be imposed on stakeholders.

Small business lens

Currently, there are only four manufacturers in the marketplace who have received a temporary approval for their TDMD models, two of which are small businesses. The conversion of the TDMD terms and conditions to ministerial specifications will not impose administrative burden or new regulatory requirements on the businesses.

The conversion will benefit current and future manufacturers, as permanent device approvals will ensure manufacturers do not have to modify their devices to be compliant with any changes made to the TDMD terms and conditions. As a result, they will have greater certainty with respect to TDMD requirements.

One-for-one rule

The one-for-one rule does not apply, as there is no incremental change in administrative burden on business and no regulatory titles are repealed or introduced.

Regulatory cooperation and alignment

The proposal is not related to any commitment under a formal regulatory cooperation forum. The amendments do not have any international implications or impact on regulatory alignment with other jurisdictions, as there are no international standards for the devices.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

No gender-based analysis plus (GBA+) impacts have been identified for this proposal.

Implementation, compliance and enforcement, and service standards

The amendments come into force on the day on which they are registered. No compliance and enforcement strategies will be required, as there are no new requirements.

Contact

Gayatri Shankarraman
Vice-President
Legislative Policy and Regulatory Affairs
Measurement Canada
151 Tunney’s Pasture Driveway
Ottawa, Ontario
K1Y 1G9
Telephone: 343‑573‑9645
Email: gayatri.shankarraman@ised-isde.gc.ca