The Department of Industry issued the proposed Regulations Amending the Weights and Measures Regulations on November 2, 2013. RCC, former CCGD and members have been consulted since years 2000 and have been part of the recommendations all included in the proposed regulation.

  1. RCC must reiterate its previous supportive position to ensure that member recommendations are adopted.
  2. RCC must influence the period of implementation to reduce the costs

NEXT STEPS:

Please submit any comments you may have by December 6th 2013. RCC will submit a response on behalf of members on December 9th 2013 supporting the regulation unless members raise concerns.

For more information, please contact Carole Fortin:
cfortin@cccd-rcc.org or 514-982-0267 ext. 333.

ISSUE

The regulation amending the regulation makes it mandatory for retailers:

  • to have their devices examined at regular intervals by authorized service providers’ (ASP). ASP technicians will be trained and licensed by Measurement Canada appointment inspectors.
  • to have a certificate of compliance that the ASP will now issue.

The mandatory review times vary by sector:

  • Retail food trade: 5 years
  • Retail petroleum trade: 2 years (with the exception of propane meter: 1 year)

For those who currently do not require a certificate of compliance in exams, they should incorporate this requirement in their contract. The cost of this service should be zero or minimum fees.

The objective of the proposal is to ensure fairness and a fair competition between traders. The proposed regulatory amendments are designed to reverse the decline in measurement accuracy in the Canadian marketplace.

Authorized service providers’ (ASP)

Retailers could find the list on the website of Measurements Canada. The retailer has more than one choice.

The retailer can choose a service provider for the maintenance, calibration or repair of devices and choose another provider for examination and certification.

Implementation period: 2 options (article 29 (1))

  1. According to the zip code, between 6 to 24 months after the entry into force of the law.
  2. 5 years after the last exam with certification

Measurements Canada wishes to adopt the Proposed Regulations in 2014

  • Maintenance, calibration or having a device repair are not examination with certification
  • Devices that are calibrated repaired or under maintenance without an exam and a certification by an authorized service providers’ (ASP) will have to respect the implantation period depending of the zip code.

To consider: Ask for an examination with certification in the next months.
All devices to be used in trade must be Initially Inspected before use. These instruments would have to be examined and certified 5 years after their first certification.

OBJECTIVE

RCC is supportive of this because:

  1. Having been consulted, members already gave their support to the proposed standards  - It provides company with the ability to control their inventory better
  2. Members that are not in compliance can do it relatively easily
  3. Maintain industry’s reputation
  4. A mandatory approach allows the a level field in the industry
  5. the 5-year increment is a “win” as it was recommended by our industry
  6. the 2- years increments for Retail petroleum trade is less compare to some members procedures

Proposed recommendation for the entry into force in the retail food trade:
5 years from the adoption of the proposed regulation instead of a gradual entry over 24 months by zip code or 5 years after the last certification

  • Easier to manage of the implementation of the regulation: many devices in many stores across Canada
  • No prosecution in this sector
  • It is equivalent to the 5 years increments in the retail food trade

BACKGROUND

In the mid-1980s, regulatory changes were introduced to change periodic examinations pursuant to the Weights and Measures Act from an annual to a biennial basis. Mandatory periodic examinations were no longer required as of 1994 Reasons: more devices, more complexity and more costs. Consequences: Measurement compliance rates in the Canadian marketplace have declined since the early 1980s. To find a solution and reassure consumers, Measurement Canada has consulted organizations and companies including CCGD, RCC and food retailers since 2001. All parties agreed that retailer should be responsible to have their devices examined at regular intervals. Business and consumer confidence in the accuracy of the quantity of goods and services bought and sold on the basis of measurement is key to a fair, efficient and competitive Canadian marketplace. That is why grocers/retailers were supportive of this.

Documents related to Retail Foods Trade Sector Review.

CURRENT SITUATION

Weights and Measures Act must be respected

Weights and Measures Act was amended in 2011 to introduce principles in the Proposed Regulations. Those amendments will be in force when the Proposes Regulations will be in force.

All devices to be used in trade must be Initially Inspected before use.

According to the Regulatory Impact Analysis Statement, the total cost of implementation for the all sectors is estimated at $56 million between 2014 and 2022. The estimated cost for the retail food sector is $ 9.739 million. This is $1 million per year for all food retailers in Canada. (See schedule A – Explanation of estimated costs) For retail petroleum trade, the estimated costs are $ 18.965 million, the most costly. These costs are an estimation of what it will cost industry :

  • For device owners who have their devices regularly serviced by ASPs (businesses), the only incremental costs will be the cost of the certificate of compliance that the ASP will now issue.
  • For businesses without ongoing service contracts, the incremental costs will be the full cost of the mandatory periodic examinations, including the issuance of the compliance certificate.
  • Examination and certification costs per device, along with the number of devices and the proportion of device owners with and without ongoing service contracts, provide the basis for the estimation of incremental direct costs.


Questions:

Does your company have its devices examined at regular intervals by authorized service providers’ (ASP)?

Does your company have a service contract with an ASP?

Does your company have incorporated a certification process with your caliber calibration provider who is a 3rd party certified calibration inspector that is registered with Measurement Canada?

Retail food trade: Is your examination period is more than 5 years?

If you have a 3rd party audit, is your certification period is more than 5 years?

Retail petroleum trade: Is your examination period is more than 2 years?

If you have a 3rd party audit, is your certification period is more than 2 years?

What proportion of devices that have been initially inspected since 2011 per year versus those in use?

In the last 25 years, have you been sued by Measurements Canada?

PROPOSED REGULATIONS : SUMMARY

  • Article 2 introduces the definitions of sectors.
  • Term ‘Inspection’ is replaced by ‘examination’
  • Articles 28 and 29 define examination of the devices
  • Schedule (Section 43) specifies the examination periods by sector and implementation period by postal code.

Link to the regulations amending
Link to the current Act, which will be amended at the same time as the adoption of the proposed regulation:

AMENDMENTS NOT IN FORCE