Vol. 139, No. 19 — September 21, 2005

Registration
SOR/2005-277 August 31, 2005

WEIGHTS AND MEASURES ACT

Order Amending Schedules I and IV to the Weights and Measures Act

P.C. 2005-1525 August 31, 2005

Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to paragraph 6(1)(a) and subsection 11(2) of the Weights and Measures Act, hereby makes the annexed Order Amending Schedules I and IV to the Weights and Measures Act.

ORDER AMENDING SCHEDULES I AND IV TO THE WEIGHTS AND MEASURES ACT

AMENDMENTS

1. Item 6 of Part I of Schedule I to the Weights and Measures Act (see footnote 1) is replaced by the following:

Basic Unit	Symbol	Definition
6. candela	cd	the unit for the measurement of luminous intensity, being the luminous intensity, in a given direction, of a source that emits monochromatic radiation of frequency 540 x 1012 hertz and that has a radiant intensity in that direction of 1/683 watt per steradian

2. Part V of Schedule I to the Act is replaced by the following:

PART V

Prefixes^* for Multiples and Submultiples of Basic, Supplementary and Derived Units of Measurement

Prefix	Symbol	Definition
yotta	Y	1024
zetta	Z	1021
exa	E	1018
peta	P	1015
tera	T	1012
giga	G	109
mega	M	106
kilo	k	103
hecto	h	102
deca	da	101
deci	d	10-1
centi	c	10-2
milli	m	10-3
micro	µ	10-6
nano	n	10-9
pico	p	10-12
femto	f	10-15
atto	a	10-18
zepto	z	10-21
yocto	y	10-24

^* Not applicable to the basic unit "kilogram" but applicable to the one thousandth submultiple of that unit, namely the "gram (g)".

3. Schedule IV to the Act is amended by adding the following before the heading "For Measurement of Electricity":

For Measurement of Temperature

Item	Standard Number	Description
1.	V5587198	Thermometer, manufactured by Guildline Instruments Ltd. having serial number 55580
2.	V5587199	Thermometer, manufactured by Guildline Instruments Ltd. having serial number 55581
3.	VS767_1203	Thermistor sensor, manufactured by Thermometrics having serial number 1203; and Black Stack thermometer module, manufactured by Hart Scientific having serial number A13108

4. The portion of Schedule IV to the Act after the heading "For Measurement of Electricity" is replaced by the following:

Item	Standard Number	Description
1.	L-49	Voltage Transformer, manufactured by Smith Hobson Ltd. having serial number 60283
2.	L-181	Voltage Transformer, manufactured by Ferranti Packard Ltd. having serial number 2-19602
3.	L-1046	Voltage Transformer, manufactured by Sangamo Company Limited having serial number 555762
4.	EL-1847	Voltage Transformer, manufactured by Instrument Transformer Inc. having serial number 547222
5.	EL-1848	Voltage Transformer, manufactured by Asea Brown Boveri Ltd. having serial number 39518360
6.	L-516	Current Burden, manufactured by the Legal Metrology Branch, having the operating range of B0.1 to B2.0 and the serial number 001
7.	L-772	Current Transformer Test Set, manufactured by Guildline Instruments Ltd. having serial number 36891/36892
8.	L-919	Current Transformer Range Extender, manufactured by Guildline Instruments Ltd. having serial number 39151
9.	EL-857	Current Transformer, manufactured by Smith Hobson Ltd. having serial number G-033127
10.	EL-1720	Current Transformer, manufactured by Knopp Inc. having serial number 8039391
11.	L-867	Decade Resistor, manufactured by General Radio Canada Ltd. having serial number 28742
12.	EL-1820	Multifunction Transducer (W/WH/VA/VAH/VAR/VARH/V/VH/I/IH), Radian Metronic model RM-15-14, manufactured by Radian Research Inc. having serial number 4357
13.	EL-1666	Multifunction Micro-Joule Meter (I2+V2 hours), manufactured by Scientific Columbus Ltd. having serial number 6791

For Measurement of Gas

Item	Standard Number	Description
1.	L-879	Pi-Tape Linear Measure, manufactured by Collins-Phillips Co. having serial number 0227834
2.	L-880	Pi-Tape Linear Measure, manufactured by Collins-Phillips Co. having serial number 69827
3.	L-881	Pi-Tape Linear Measure, manufactured by Collins-Phillips Co. having serial number 1212810
4.	GL-2033	Dead Weight Tester, manufactured by Ruska Instruments Co. having serial number 44509
5.	GL-2104	Dead Weight Tester, manufactured by Ruska Instruments Co. having serial number 46404

COMING INTO FORCE

5. 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 regulates legal units of measurement, the use of approved and inspected weighing and measuring devices, and the accuracy of measurement for goods and services in commercial transactions where measurement forms the basis of the transaction.

For measurements to be exact, the measurement devices must adhere to recognized standards. Metrology is based on the concept of traceability, which allows the calibration of a standard or measurement apparatus to be traced step-by-step to a reference standard. This requires that the list of reference standards be current and the standards themselves traceable to international references.

With this in mind, Schedule IV of the Weights and Measures Act will be amended by inserting reference standards used to measure temperature and by updating the list of reference standards for the measurement of electricity and gas. This will be done by deleting obsolete standards and inserting new standards.

If the value and accuracy of the products and services traded on the basis of measurement are to be comparable, the measurement units used must also be those that are the most widely recognized. Schedule I of the Weights and Measures Act defines the units of measurement used in Canada and the prefixes used with them.

Once the amendments come into force, the definition of candela, the unit of luminous intensity, will be consistent with the internationally recognized definition. The General Conference on Weights and Measures (CGPM: Conférence générale des poids et mesures), the primary international body for intergovernmental treaties responsible for the International System of Units (SI), has adopted a new definition for candela. This new definition is also recognized by the Canadian Standards Association (CSA) and the National Research Council of Canada (NRC).

The prefixes used to express multiples and sub-multiples of the basic units like the metre and the kilogram, or derived units such as the watt and the pascal, must also be consistent with the international definitions.

New prefixes reflect the infinitely large and the infinitely small. The prefixes yotta, zetta, zepto, and yocto, and their symbols, have been adopted by the CGPM. They are also recognized by the CSA and the NRC.

These prefixes and the definition of candela are also recognized by the International Organization of Legal Metrology (OIML: Organisation internationale de métrologie légale), the International Bureau of Weights and Measures (BIPM: Bureau international des poids et mesures), and the United States National Institute of Standards and Technology (NIST). These organizations are involved in legal metrology or reference standards.

Amendments also include an addition to the explanatory note to Part V of Schedule I of the Weights and Measures Act. The symbol "g" for gram was added to the explanatory note. This amendment establishes a symbol for the gram (not a basic SI unit), since it is one-thousandth of a kilogram (a basic SI unit).

The intention to proceed with these amendments was announced in Industry Canada's 2000-2001 Report on Plans and Priorities. As a result of the decision to divide the original proposal into two separate initiatives, on April 29, 2004, the Industry Canada Senior Policy Committee confirmed the relevance of the amendments, and that there would be low impact on the economy as a result.

Alternatives

The alternative to making these amendments is to maintain the status quo. Such an alternative is undesirable, as it would involve referring to standards that have been replaced or are no longer in use. To maintain effective requirements for measurement-based trade transactions, they must be kept up-to-date. These standards are necessary so that trade measurements will have a national reference.

Regarding the harmonization of the definition of candela and the addition of new prefixes, the situation poses few immediate problems, because these designations are not applied in the vast majority of trade transactions. On the other hand, multiples taking into consideration the infinitely large and infinitely small, would not be added to the prefixes currently provided in the basic, supplementary, and derived units of measurement. In addition, national definitions would not be fully consistent with the recognized international designations, which could be seen as an impediment to standardization.

In an era of trade globalization, it is imperative that Canada remain consistent with the international community.

There are no other alternatives to regulatory promulgation of these definitions, because trade measurement involving legal metrology is subject to the units and definitions set out in the schedules to the Weights and Measures Act, and because all changes must be made by amending the Act. A voluntary code would not be applicable to amend a statute that is still in force.

Benefits and Costs

The only costs to be incurred by the Department are the administrative costs associated with processing these amendments into the schedules of the Act. There will be no cost to the Canadian public and any costs to the industry would be negligible.

Consultation

The proposed amendments to Schedules I and IV to the Weights and Measures Act were pre-published in the Canada Gazette, Part I, on April 23, 2005, for a 30-day consultation period. No comments were received during that period of consultation.

Over 600 stakeholders were contacted as part of the trade sector reviews initiated by Measurement Canada. These reviews are a long and thorough process based on consultations with marketplace stakeholders. These consultations deal with the need for Measurement Canada involvement in various trade sectors. They also deal with programs that are in use or are needed for the testing and initial verification of new measuring devices, the reverification of existing measuring devices, as well as the traceable calibration of test equipment.

The issue of the compatibility of the standards with the international references and definitions was raised and no objections or negative reactions were submitted. Moreover, no reservations were submitted by the parties consulted. In fact, the stakeholders wanted the devices and standards used to be traceable to Measurement Canada's reference standards and eventually the NRC standards, or national or international standards such as those of the NIST or the BIPM. To allow such references to these standards, the designations used by Measurement Canada must be consistent with them.

Contacted stakeholders were concerned with the trade measurement of petroleum, dairy products, electricity, natural gas, water, and retail food. Stakeholders were consulted during individual and group meetings and/or at public consultation meetings held across Canada. Thirty-eight meetings were held between January 16, 2001 and April 28, 2004, in eleven cities: Burnaby, Calgary, Edmonton, Halifax, Kelowna, Montréal, Ottawa, Richmond Hill, Toronto, Vancouver, and Winnipeg. The consultation documents were posted on the Measurement Canada Web site.

Compliance and Enforcement

The amendments will have no effect on enforcement activities and will require no new compliance or enforcement mechanisms.

Contact

Gilles Vinet
Vice-President
Program Development Directorate
Measurement Canada, Industry Canada
Standards Building, Tunney's Pasture
Holland Avenue
Ottawa, Ontario
K1A 0C9
Telephone: (613) 941-8918
FAX: (613) 952-1736
E-mail: vinet.gilles@ic.gc.ca

Footnote 1

R.S., c. W-6

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