ARCHIVED—Trade Sector Review — Implementation

The following documentation specifically details those recommendations that were accepted by Measurement Canada’s (MC) Senior Management Committee (SMC). A complete list of the Retail PetroleumTrade Sector Review Recommendations and SMC decisions can be reviewed on MC’s website.

1. Approvals

1. Measurement Canada should continue to approve all new devices prior to trade use.

2. Measurement Canada should continue to engage in the recognition of regulatory organizations in other countries provided that they perform work to Measurement Canada standards and as long as Measurement Canada still remains accountable. Measurement Canada should also pursue becoming a recognized international approval body.

Implementation Update (Jan 2009)

Recommendation on device approval will not require any changes to MC’s current programs or requirements.

MC and United States have reached a bilateral agreement whereby one country recognizes the examination and tests of certain instrument types performed by the other country. This agreement is known as the Canada-US Mutual Recognition of Type Evaluation Program. The program is presently open to scales and fuel dispensers only. The agreement allows MC to perform type approval evaluations and tests of the device types mentioned on behalf of the National Conference on Weights and Measures (NCWM). The NCWM recognizes the results of the tests performed by MC for the purpose of issuing Certificates of Conformance. Each country continues to issue its own Notice of Approval (Canada) or Certificate of Conformance (NCWM). This type of program could be expanded to other countries in the future. In the short term, MC will not consider pursuing recognition of other countries or becoming a recognized international approval body, until such time as Canada has adopted the international standard R117 issued by OIML (International Organization for Legal Metrology).

Another program, The Recognition of Test Results from ISO 17025 Accredited Test Facilities Program - RT-01 may be expanded in the future. The program was developed to provide more flexibility to approval applicants wishing to submit test results from such facilities with a view to reducing their approval turn around times. The program is presently limited to the testing of previously approved electricity meters which have been modified and are being re-submitted for approval purposes. Currently, there are no short term plans to expand this program for trade devices used in the retail petroleum sector.

No further action required.

2. Initial Inspection

1. Initial inspections should continue to be conducted before weighing or measuring devices are used in trade.

Implementation Update (Jan 2009)

Recommendation 2.1 will not require any changes to MC’s current programs or requirements. MC will maintain the initial inspection requirement where all devices that are intended to be used in trade must be initially inspected prior to their first use.

No further action required.

2. Initial inspections should continue to be done either at the factory or in the field as long as the devices comply with all Measurement Canada requirements prior to use in trade.

Implementation Update (Jan 2009)

Recommendation 2.2 will not require any changes to MC’s current policy, programs or requirements. MC has completed its field versus factory testing study and will continue to allow initial inspections of gasoline and diesel fuel dispensers and refuellers to be done in the field or as permitted at an authorized serviced providers’ or dealers’ premises. MC plans to issue a revision to the document entitled

Bulletin: V-09 , “Inspection of Gasoline and Diesel Fuel Dispensers and Refuellers at Authorized Service Providers’ or Dealers’ Premises”, which will outline the conditions under which fuel dispensers and high-speed refuellers may be initially inspected in a factory setting.

No further action required.

3. Initial inspections should be conducted by accredited or registered authorized serviced providers. Individuals performing initial inspections must be competent and continuously monitored by Measurement Canada.

Implementation Update (Jan 2009)

MC has expanded the registration program to the retail petroleum sector. The accreditation program was already open to all sectors. Both programs permit companies to become authorized by MC for device inspection. Interested organizations should contact their local MC district office for more information on MC’s Authorized Service Provider Programs or visit the MC website.

MC personnel will continue to perform the mandatory initial theoretical and practical evaluations, as well as periodic audits and follow-up inspections off all its Authorized Service Providers (ASPs).

No further action required.

3. Subsequent inspection

1. As a starting point, subsequent device inspections should take place every two years except for propane devices, which will be on a one year cycle.

2. The inspection frequency may change, pending results from sector monitoring and stakeholders’ input.

3. The inspection cycle or frequency shall be defined so that the period of time between inspections is clear to all stakeholders.

Implementation Update (Jan 2009)

Implementing a mandatory one year re-verification period for propane meters and mandatary two year re-verification period for all other weighing or measuring devices used for trade purposes in the retail petroleum sector will require legislative review and amendments to the Weights and Measures requirements.

Consultation on possible legislative amendments, including these related to the trade sector review recommendations, has been completed by the Legislative and Regulatory Affairs Division. MC will propose recommendations for possible legislative amendments.

MC must determine when the mandatory one year re-verification period for propane meters and mandatary two year re-verification period for all other weighing or measuring devices in the retail petroleum trade sector can commence.

4. Standards

1. Standards used by accredited or registered service providers to inspect legal for trade devices on behalf of Measurement Canada should be calibrated, certified and traceable to a national or international standard.

Implementation Update (Jan 2009)

MC will maintain traceability to MR-1 and other national standards held by the NRC as identified by Schedule IV of the Weights and Measures Act. Service providers operating under the authority of MC to certify trade devices are required to use traceable and recognized measurement standards when they perform inspections of legal for trade devices. While the use of recognized, calibrated and traceable standards by all service and repair organizations is encouraged, MC has no authority over organizations performing this work outside of its alternative service delivery mechanisms (ASDMs). MC is not considering any new program nor legislation to require this.

MC has issued a document, entitled Bulletin: A-2, ”Local standards used by authorized service providers”, providing instructions for authorized service providers and organizations that have applied for accreditation or registration regarding the selection and preparation of standards for submission to Measurement Canada for calibration, certification and designation as local standards.

No further action required.

2. Measurement Canada should continue to pursue the delegation of authority for service providers to calibrate and certify measurement standards on behalf of Measurement Canada.

Implementation Update (Jan 2009)

Under the W&M Act, legislative changes for the delegation of authority would be required if service providers were to calibrate and certify measurement standards on behalf of Measurement Canada.

Consultation on possible legislative amendments, including these related to the trade sector review recommendations, has been completed by the Legislative and Regulatory Affairs Division. MC will propose recommendations for possible legislative amendments.

MC will continue to perform calibration and certification services of physical test standards until the required changes to the legislation are possible.

3. Measurement Canada should also continue to pursue the recognition of other international standards laboratories.

Implementation Update (Jan 2009)

In order for MC to pursue the recognition of other international standards laboratories, additional amendments to the W&M Act will be required to allow for traceability to any other national or international standards.

Consultation on possible legislative amendments, including these related to the trade sector review recommendations, has been completed by the Legislative and Regulatory Affairs Division. MC will propose recommendations for possible legislative amendments.

MC will continue to perform calibration and certification services of physical test standards until the required changes to the legislation are possible.

5. Alternative Service Delivery

1. Two ASDMs are recommended by stakeholders for initial and subsequent inspections of legal for trade devices in the Retail Petroleum Sector: (a.) Accreditation and (b.) Registration

2. Authorized service providers may choose either model in order to perform initial or subsequent inspections on behalf of Measurement Canada.

Implementation Update (Jan 2009)

MC has expanded the registration program to the retail petroleum trade sector and included to it, truck mounted petroleum meters used for retail purposes. The accreditation program was already open to all sectors. Both programs permit companies to become authorized by MC for device inspection. Interested organizations should contact their local MC district office for more information on MC’s Authorized Service Provider Programs or visit the MC website.

No further action required.

6. Monitoring

1. Measurement Canada should continue to monitor and report on the Retail Petroleum Trade Sector through compliance rates, percentage of substantiated complaints, and stakeholder input.

2. This information should be transmitted in a manner that can be easily accessed and understood by consumers.

Implementation Update (Jan 2009)

MC will continue to monitor the marketplace to ensure measurement accuracy and equity in the retail petroleum trade sector. MC has developed new Marketplace Monitoring Programs and performance indicators in all trade sectors where MC intervenes. MC’s programs and policies are in place to intervene whenever inequities are discovered.

MC is planning to report the state of a sector through marketplace analysis of a trade sector’s compliance levels and indicators.

MC is currently processing the compliance information and must develop method(s) to display the results for the interested stakeholders.

7. Commodity Inspections

1. Measurement Canada should still maintain its commodity inspection program in the propane gas cylinder fill industry.

Implementation Update (Jan 2009)

MC is continuing its commodity inspection program for the filling of propane gas cylinders as part of marketplace monitoring and continues to target general areas as well as where problems are suspected. Presently, no ASDM has been identified or is contemplated for commodity inspection work.

No further action required.

2. Measurement Canada should permit only one method of filling for clerk served propane gas cylinders.

Implementation Update (Jan 2009)

Presently, there are three accepted methods by MC. These involve filling each cylinders by an appropriate device in the presence of the customer and by declaring to the customer the amount of propane delivered by either net weight or by volume. The other method involves participation in a tank exchange program where the pre-filled tanks are marked with a net weight prior to the sale. MC has issued a document, entitled Bulletin: C-3, ”Filling of Liquified Propane Gas Cylinders”, outlining the policy concerning the filling of portable propane cylinders that are subject to the Weights and Measures Act.

MC is continuing negotiations with key stakeholders to determine which, if any, single method could be established.

8. Complaints

1. Measurement Canada should continue to be responsible for the investigation of all valid complaints reported to them.

Implementation Update (Jan 2009)

This recommendation will not require any changes to MC’s current programs or services. MC will continue to investigate complaints.

No further action required.

2. Measurement Canada must increase awareness of its existence in terms of their role in the investigation of complaints.

Implementation Update (Jan 2009)

Awareness of MC’s existence is being made possible by the recent media attention to fuel dispenser accuracy. This is evidenced by the increased numbers of complaints being reported from MC district offices across the country.

MC is presently examining how the department is displayed in the government blue pages of telephone directories with a view to improve MC’s accessability. MC publications were recently updated in 2006 and are scheduled to be re-evaluated later this fiscal year 2008/2009.

MC recently created numerous kiosks for use in trade fairs, consultations and association meetings to further promote and enhance MC programs and services. As well, MC contracted to develop a five minute promotional video for all audiences to explain the mandate of MC and the importance of measurement accuracy.

MC is planning to launch a new website that will feature an enhanced consumer portal.

Other initiatives are ongoing and further updates will be announced as they become available.