Vol. 142, No. 16 — August 6, 2008

Registration

SI/2008-81 August 6, 2008

WEIGHTS AND MEASURES ACT

Order Amending the Specifications Relating To Non-automatic Weighing Devices (1998)

The Minister of Industry, pursuant to paragraph 10(1)(i) (see footnote a) of the Weights and Measures Act and sections 13 (see footnote b) and 27 (see footnote c) of the Weights and Measures Regulations (see footnote d), hereby makes the annexed Order Amending the Specifications Relating to Non-automatic Weighing Devices (1998).

Ottawa, July 4, 2008

JIM PRENTICE
Minister of Industry

ORDER AMENDING THE SPECIFICATIONS RELATING TO NON-AUTOMATIC WEIGHING DEVICES (1998)

AMENDMENTS

1. Section 3 of the Specifications Relating to Non-automatic Weighing Devices (1998) (see footnote 1) is replaced by the following:

3. (1) Subject to subsections (2) and (3), the classes of non-automatic weighing devices are as set out in column 1 of the table to this subsection on the basis of the device’s accuracy, verification scale interval and number of verification scale intervals as set out in columns 2, 3 and 4, respectively, of that table.

TABLE

Column 1	Column 2	Column 3 Verification scale interval (e)		Column 4 Number of verification scale intervals
Class	Accuracy	International Units	Canadian Units	Minimum	Maximum
	Special	e	e	50 000	– – –
	High	0.001 g (0.005 carat)	0.00005 ounce (troy ounce)	100	100 000
		≤ e ≤	≤ e ≤
		0.05 g (0.2 carat)	0.002 ounce (troy ounce)
		e ≥ 0.1 g (0.5 carat)	e ≥ 0.005 ounce (troy ounce)	5 000	100 000
	Medium	0.1 g ≤ e ≤ 2 g	0.0002 pound (0.005 ounce) ≤ e ≤ 0.005 pound (0.1 ounce)	100	10 000
		e ≥ 5 g	e ≥ 0.01 pound (0.2 ounce)	500	10 000
	Medium (high capacity devices)	e ≥ 2 kg	e ≥ 5 pounds	2 000	– – –
	Ordinary	e ≥ 5 g	e ≥ 0.01 pound (0.2 ounce)	100	1 200

(2) On-board weighing systems are limited to Classes d

(3) The verification scale interval of Class -board weighing systems shall not be less than 5 g.

2. Paragraphs 10(a) and (b) of the Specifications are replaced by the following:

(a) in the case of a module that is the only part of a weighing device that is subject to measurement errors due to disturbances or influence factors, the acceptance limits of error are the limits of error set out in these Specifications for that device for a specified load; and

(b) in the case of all other modules, the acceptance limits of error are 0.7 times the limits of error set out in these Specifications for the weighing device for a specified load.

3. Sections 17 and 18 of the Specifications are replaced by the following:

17. If a load is kept on a weighing and load-receiving element under stable environmental conditions, the difference between the weight indication obtained immediately after placing the load on the element and the weight indication observed during the following 30 minutes shall not exceed the absolute value of the applicable limits of error for that load.

AGREEMENT OF INDICATIONS AND RECORDINGS

18. The weight values that are indicated or recorded by the indicating and recording elements of a weighing device and any equipment and accessories attached to the weighing device or used in conjunction with it shall agree

(a) exactly, in the case of digital values produced by electronic elements, equipment and accessories that have the same verification scale intervals;

(b) within 0.25 times the verification scale interval, in the case of analogue values produced by elements, equipment and accessories that have the same verification scale intervals; and

(c) within 0.6 times the largest verification scale interval or the verification scale interval common to the elements, equipment and accessories, in all other cases.

4. Section 20 of the Specifications is replaced by the following:

20. A weighing device shall maintain its metrological characteristics and perform within the applicable limits of error for at least 100 000 weighings for a weighing device with a maximum capacity of not more than 1 000 kg (2 000 pounds), and for at least 300 weighings in all other cases.

5. Section 30 of the Specifications is replaced by the following:

30. A weighing device shall be of a design, composition and construction that

(a) under normal conditions of use, enables it to measure accurately and does not facilitate the perpetration of fraud; and

(b) provides it with a static operating mode for inspection purposes, even if the device is designed to be used in a dynamic operating mode.

6. The Specifications are amended by adding the following after section 31:

31.1 Neither gross values nor tare values shall be entered manually in on-board weighing systems.

7. (1) The portion of section 45 of the Specifications before paragraph ( a ) is replaced by the following:

45. A weighing device that is operating in static mode and that has a digital indicating element shall permit zeroing, taring, printing or the storage of weight values only when the weight indication is stable within

(2) Paragraph 45( a ) of the Specifications is replaced by the following:

(a) ± 3 verification scale intervals, in the case of a device with a maximum capacity of more than 2 000 kg (5 000 pounds); and

8. Section 48 of the Specifications is replaced by the following:

48. (1) Access to the metrological functions and the adjustable components of an electronic weighing device shall be protected by means of readily accessible and observable physical seals or electronic sealing, such as an audit trail, that make apparent any accessing of the metrological functions or adjustable components.

(2) The information contained in an audit trail shall be available on site.

(3) In this section, “audit trail” means an electronic feature that counts the number of changes made to the calibration or configuration parameters of a weighing device, or records the values related to these changes.

9. The references to “Verification scale interval, if different from actual scale interval” and “Actual scale interval” in column I of the table to subsection 49(1) of the Specifications are replaced by “Verification scale interval” and “Actual scale interval, if different from the verification scale interval”, respectively.

10. Section 51 of the Specifications is replaced by the following:

51. All markings shall meet the following criteria:

(a) they shall be distinct, easily readable and of such nature that they will not become obliterated or illegible;

(b) they shall be of a height appropriate to the size of the device; and

(c) any capital letters in the markings shall be at least 2 mm high.

11. Subparagraphs 52(b)(ii) and (iii) of the Specifications are replaced by the following:

(ii) the verification scale interval, and

(iii) if it is different from the verification scale interval, the actual scale interval.

12. Paragraph 55(1)(a) of the English version of the Specifications is replaced by the following:

(a) ensures accurate measurement;

13. The heading before section 57 of the Specifications is replaced by the following:

PROTECTION FROM ENVIRONMENTAL FACTORS

14. Section 57 of the French version of the Specifications is replaced by the following:

57. L’appareil de pesage doit être adéquatement protégé contre les facteurs environnementaux, tels le vent, les températures extrêmes, les vibrations et les champs magnétiques ou électrostatiques, qui peuvent nuire à son bon fonctionnement ou à sa durabilité.

15. Sections 58 and 59 of the Specifications are replaced by the following:

58. (1) A weighing device shall be used in such a manner that the commodities or objects that are being weighed are fully supported by the weighing and load-receiving element when their weight is observed or recorded.

(2) If a weighing device is operating in static mode, the commodities or objects that are being weighed shall be stationary when their weight is observed or recorded.

WEIGHING DEVICES USED FOR DIRECT SALES

59. A weighing device that is used for direct sales shall be positioned so that the indication relating to the measurement and the transaction can be easily read and the weighing operation observed from the normal location of the customer.

16. (1) Subsections 62(1) and (2) of the Specifications are replaced by the following:

62. (1) A weighing device that is used in an application described in column 1 of the table to this section shall be from the accuracy class set out in column 2 for that device, or from a higher accuracy class, and shall be used to weigh a load that is not less than the amount obtained by multiplying the verification scale interval by the corresponding multiplying factor set out in column 3, and the device’s smallest verification scale interval shall not exceed that set out in column 4.

(2) A weighing device described in subsection 2(2) that is used or intended to be used in an application described in column 1 of the table to this section and that is not marked with an accuracy class designation shall, for the purpose of applying these Specifications, be considered to be of the corresponding accuracy class set out in column 2 of that table.

(2) The table to section 62 of the Specifications is replaced by the following:

TABLE

Item	Column 1	Column 2	Column 3 Minimum net load expressed as a number of verification scale intervals	Column 4 Maximum verification scale interval permitted
	Application	Accuracy class	Verification scale interval	Multiplying factor
1.	Weighing precious metals and commodities of comparable value
	(a) at the retail level		– – –	– – –	10 mg
	(b) at the wholesale or industrial level		e ≤ 10 mg e ≥ 20 mg	– – – 2 000	– – – – – –
2.	Weighing diamonds or other gemstones		– – –	– – –	1 mg or 0.005 carat
3.	Weighing to determine postal, transpor- tation or shipping charges, except when determined by means of a weighing device with a maximum capacity of 4 000 kg (10 000 pounds) or more		e ≤ 50 g (2 ounces) e > 50 g (2 ounces)	10 20	– – – – – –
4.	Weighing gravel, land fill and other raw material for road construction		e	50	– – –
5.	Weighing waste material other than scrap metal		e	10	– – –
6.	Weighing scrap metal (ferrous)		e	20	– – –
7.	Weighing scrap metal (non-ferrous)		e	100	– – –
8.	Weighing grain at a primary, transfer or terminal elevator, or alcohol, by means of a weighing device with a maximum capacity of 4000 kg (10 000 pounds) or more		e	200	– – –
9.	Weighing bulk commodities, other than the commodities referred to in items 1 to 8, by means of a weighing device with a maximum capacity of 4 000 kg (10 000 pounds) or more		e	100	– – –
10.	Any other application		0.1 g ≤ e ≤ 2 g e = 5 g 5 g < e < 50 g e ≥50 g	20 20 50 100	– – – – – – – – – – – –

Note: See table to section 3 for equivalent Canadian units.

17. Paragraph 65(b) of the Specifications is replaced by the following:

(b) a printer that, on demand, prints a ticket bearing the information required by section 66; and

18. The Specifications are amended by adding the following after section 67:

67.1 The following information shall be provided for each transaction by an on-board weighing system for the weighing of waste or materials for recycling, whether at curbside or at the customer’s premises:

(a) an identification of the customer;

(b) the date of the transaction;

(c) the net weight of the waste or materials to be recycled;

(d) the price per unit of weight if the total price is indicated;

(e) the identification number of the vehicle on which the on-board weighing system is installed; and

(f) the identification number of the on-board weighing system used if more than one system is installed on the same vehicle.

19. The Specifications are amended by replacing the expression “equipment or accessories” with the expression “equipment and accessories” wherever it occurs in the following provisions:

(a) section 36;

(b) the heading of column VI of the table to subsection 49(1); and

(c) paragraph 49(2)(d).

COMING INTO FORCE

20. This Order comes into force on the day on which it is registered.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Order.)

Description

The Weights and Measures Act, its Regulations, and related specifications provide for the use of approved and inspected weighing devices which meet established technical requirements. These documents also allow for the accurate measurement of products and services exchanged by commercial measurement-based transactions. Measurement Canada is responsible for administering the Weights and Measures Act.

This initiative consists of amending the Specifications relating to Non-automatic Weighing Devices (1998) to incorporate requirements governing activities associated with the approval and inspection of on-board weighing systems. On-board weighing systems are scales incorporated into a vehicle and are designed for weighing product, in-motion, as it is loaded on or removed from a vehicle (e.g., front end loading garbage trucks weighing the garbage as it is dumped from the container into the truck). They are commonly used on waste disposal vehicles, but can also be incorporated into front-end loaders for weighing gravel, sand, soils and rock; or on fork lift trucks for determining shipping costs.

Type approval and inspection ensure devices comply with recognized specifications prior to their use in trade. These two steps are considered essential to maintaining an acceptable level of equity and a high degree of confidence amongst industry members, the Canadian public, and Canada’s major trading partners (e.g., United States, European Union).

The increased awareness of environmental concerns in recent years, as well as the resulting increase in the cost of waste disposal, has resulted in the emergence of on-board weighing systems for use on waste collection vehicles. Using such systems, waste collection companies can invoice their clients based on the weight of the waste disposed. For greater efficiency, these systems operate in dynamic mode. An example of a dynamic operating device is a garbage truck weighing garbage containers while in the process of collecting their content. Containers do not have to be stationary to be weighed, as required on static operating devices. Amendments to the Specifications relating to Non-automatic Weighing Devices (1998) are needed to address dynamic operating systems. Without the amendments, the current wording of the above-stated specifications permits weighing only in static mode.

Other amendments to the Specifications relating to Non-automatic Weighing Devices (1998) will relax certain requirements, reflect current practices, clarify provisions that could create confusion, and harmonize certain requirements with those of our trading partners. These amendments include:

• allowing weighing systems to be electronically “sealed” and eliminating the restriction that permits only physical sealing, in order to officially recognize current practice;
• clarifying the acceptance limits of error for device repeatability and eccentric loading;
• reducing the number of weighments required for the durability test for weighing devices with a capacity exceeding 1,000 kg, so as to harmonize Canadian requirements with current requirements in the United States;
• limiting the smallest verification scale interval (the difference between two consecutively indicated values on which the scale accuracy and performance are evaluated) for Class II devices so verifications are in harmony with the requirements of the International Organization of Legal Metrology.

Additional minor modifications will ensure conformity between the English and the French versions of the said specifications.

In brief, these are technical amendments which will have minimal impact on trade transactions in Canada. They support the mandate of Measurement Canada to ensure the integrity and accuracy of trade measurement. Moreover, they will not entail any adverse consequences for the stakeholders.

Alternatives

One alternative to the introduction of these amendments is to maintain current requirements. However, if the requirements for trade, based on measurement, are to be effective, they must be clear and precise. The status quo is not acceptable since it would leave in place requirements that are imprecise or that could benefit from added clarity. Furthermore, dynamic weighing with non-automatic devices would not be properly regulated.

Another potential solution would be to publish new specifications for non-automatic on-board systems. However, this would duplicate the existing Specifications relating to Non-automatic Weighing Devices (1998), since most of the provisions of the new specifications would be exactly the same as the existing specifications. This duplication would make enforcement more onerous in sectors using non-automatic on-board weighing systems.

The option of setting specifications applicable only to on-board waste weighing systems was rejected as it would not allow for weighing by loaders used in gravel pits or forklifts equipped with on-board devices used for dynamic weighing. These two weighing activities are currently used in Canada.

Consultation

Over 500 interested parties were consulted by mail at the beginning of June 2006 regarding the proposed amendments. Consultations took place with parties involved in the manufacture and maintenance of weighing devices, owners of weighing devices used in trade, and suppliers and consumers of various products marketed and regulated under the Weights and Measures Act. The proposed amendments were also posted on the Measurement Canada Web site from June 5 to July 14, 2006, to allow interested parties to provide feedback.

Opposing comments received during consultation were the result of a lack of understanding of the difference between non-automatic weighing devices (i.e., devices which require the intervention of an operator during the weighing process) and devices designed for dynamic (or in-motion) weighing. Non-automatic devices are defined as such because they require the intervention of an operator during the weighing process. They are defined by this intervention and not because they operate in static mode. Once it was explained that the amended Specifications allowed for dynamic weighing, no objections to the proposed changes were received.

Contact

Gilles Vinet
Vice-President, Program Development Directorate
Measurement Canada, Industry Canada
Standards Building
151 Tunney’s Pasture Driveway
Ottawa, Ontario
K1A 0C9
Telephone: 613-941-8918
Fax: 613-952-1736
Email: vinet.gilles@ic.gc.ca

Footnote a
 S.C. 1993, c. 34, s. 136

Footnote b
 SOR/2005-297

Footnote c
 SOR/93-234

Footnote d
 C.R.C., c. 1605

Footnote 1
 SI/98-81

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