GEN-32—Inspection fees for marketplace monitoring activities
The copy of this document located on Measurement Canada's website is considered to be the controlled copy.
Bulletin: GEN-32 (rev. 1)
Document(s): Weights and Measures Regulations, Part IV; Electricity and Gas Inspection Regulations, Section 47; Bulletin GEN-17
Issue Date: 2012-06-27
Effective Date: 2012-06-27
Table of contents
- 1.0 Scope
- 2.0 Background
- 3.0 Fee policy for inspection activities performed exclusively during marketplace monitoring
- 4.0 Fee policy for mandatory inspections performed during marketplace monitoring activities
- 5.0 Rationale
- 6.0 Revisions
This bulletin outlines Measurement Canada's policy of not charging fees as a result of inspection activities performed only for the purpose of marketplace monitoring programs.
Measurement Canada has completed reviews of various trade sectors. One of the recommendations resulting from such reviews is common to the majority of trade sectors. This recommendation proposes that Measurement Canada continue to play an active role in those sectors by monitoring the marketplace. The structure and design of marketplace monitoring may vary from sector to sector; however, they all share similar activities, such as the gathering of marketplace information and the conduct of inspections and investigations. Marketplace monitoring activities include inspections which are performed by Measurement Canada personnel.
Measurement Canada performs mandatory inspections as well. Mandatory inspection activities are those which are mandated pursuant to the Weights and Measures Act and the Electricity and Gas Inspection Act. These may include, but are not limited to, initial inspections, verifications and re-verifications, and initial installation inspections. Where Measurement Canada performs such mandatory inspections, the applicable fees as prescribed in the Regulations shall be charged.
3.0 Fee policy for inspection activities performed exclusively during marketplace monitoring
3.1 These monitoring inspection activities are those which are performed exclusively under marketplace monitoring programs established by Measurement Canada for any given trade sector. These activities may include inspections which are performed by Measurement Canada for the purposes of gathering information and data which are pertinent to the evaluation of the marketplace, including records reviews. These activities may also include inspections performed by Measurement Canada for the purposes of validating data submitted by industry stakeholders. However, these are not mandatory inspection activities which are mandated pursuant to the Weights and Measures Act and the Electricity and Gas Inspection Act.
3.2 No fees are to be charged where Measurement Canada performs such exclusive inspections under established marketplace monitoring programs.
4.0 Fee policy for mandatory inspections performed during marketplace monitoring activities
4.1 The mandatory inspections performed during marketplace monitoring activities are prescribed pursuant to the Weights and Measures Act and the Electricity and Gas Inspection Act. These may include, but are not limited to, initial inspections, verifications and re-verifications, and initial installation inspections.
4.2 Where Measurement Canada performs such mandatory inspections as part of a monitoring program or outside of it, the applicable fees as prescribed in the Regulations shall be charged.
The following factors explain the policy of not applying charges when Measurement Canada performs marketplace monitoring inspections.
5.1 The purpose of inspections performed for marketplace monitoring is different from that of mandatory inspections performed pursuant to the Acts and their associated Regulations. In general, mandatory inspections are performed to ensure a device conforms to all legal and technical requirements established by Measurement Canada. Monitoring inspections are generally performed in order to monitor the marketplace, specific areas and organizations, as well as to gather information and data on marketplace and device performance data.
5.2 General monitoring inspections may be performed broadly across a trade sector; however, specifically targeted inspections directed by Measurement Canada may also be performed. Specifically targeted inspections may occur depending on the results of the evaluation and analysis of data obtained. This may result in differing levels of inspection activities for certain device types/classes, types of transactions, geographical regions or marketplace participants. The focus of general and targeted inspections may change on an annual basis.
5.3 Mandatory inspections and associated fees are governed by the legislation; therefore, the number of inspections performed is a factor of the number of devices which a device owner wishes to use for trade. Monitoring inspection activities are directed by Measurement Canada; therefore, the number of inspections performed is determined by the objectives of the monitoring program.
5.4 Measurement Canada must ensure a uniform application of fees and charges for inspection services. Charging fees for monitoring inspections other than mandatory inspections would create an unfair financial burden on the organizations who own devices which may be targeted for inspection.
6.1 The purpose of revision 1 was to clarify that the fees for mandatory inspections prescribed by the Regulations shall be applied.
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