Spendal DEGYÁLLOM applicable to
pold we.
[GL 1973 c. 43,
* 101
[ct 1973 c. 43. Sen 1.1
Scbedole
Marking orders, [ct, 1968 c. 29, C &
3. (1) Notwithstanding the definition of "false trade description” jo section 2, a trade description which indicates the fineness (whether in parts per thousand or in carats) of gold shall be a false trade description if that indication is false to any extent or degree, except by understaling The Oneness.
(2) For the purpose of construing descriptions relating to the fineness of gold-
(a) a description indicating that an article, or the metal in an article, is so many carats shall be presumed to be an indication that the artick or metal is of gold, and that its fineness is that specified fo the table in the Schedule for that number of carats; (6) paragraph (a) shall not apply if (as in a case where the article is a precious stone) the word "carat" is used as a measure of weight for precious stones, and not as a measure of ineness.
(3) Notwithstanding the definition of "false trade description" in section 2-
(a) a trade description which indicates that any article (other than an article of pure gold) is of gold shall be a false trade des- cription unless the article consists solely of gold alloy and
(i) contains not less than 8 carats of gold; or
(0) bears a mark clearly indicating in carals, by number or by number and the letters" "k". "V" or "t", the fineness of the gold content; or
(10) bears a mark clearly indicating in parts per thousand the fineness of the gold content; and
(b) a mark calculated to be taken as an indication of the fineness
of gold of an article-
(i) which is plated with or enclosed in gold alloy or glided; or (in) to which gold alley is soldered or otherwise affixed, shall be a false trade description unless it is manifest from the appearance of the article that the mark refers solely to the part of the article which consists of gold alloy.
(4) Any number of 1 or 2 digits on an article which indicates or purports to indicate, or is likely to be taken as an indication of the fineness in carats of its gold content shall be a false trade description unless the article contains at least the same proportion of pure gold as the number beams to 24.
(5) Any number of 3 digits on an article which indicates or pur- ports to indicate, or is likely to be taken as an indication of, the Gnecess in number of parts per thousand of its gold content shall be a false trade description unless the article contains gold of such a standard of fineness.
(6) For the purposes of this section "Eneness" means the proportion of pure gold in accordance with subsection (4) or the number of parts by weight of gold in accordance with subsection (5) as the case may require.
4. (1) The Governor in Council may by order require that any goods specified fo the order shall be marked with or accompanied by any information (whether or not amounting to or including a trade description) or instruction relating to the goods and, subject to the provisions of this
5
SO
Ordinance, impose requirements for securing that the goods are marked or accompanied, and regulate or prohibit the supply of goods with respect to which the requirements are not complied with; and the requirements may extend to the form and manner in which the informa- tion or instruction is to be given.
(2) Where an order under this section is in force with respect to goods of any description, any person who, in the course of any trade or business, supplies or offers to supply goods of that description in contravention of the order commits an offence.
(3) An order under this section may make different provision for different circumstances and may, in the case of goods supplied in cir- cumstances where the information or instruction required by the order would not be conveyed until after delivery, require the whole or part thereof to be also displayed near the goods.
5. (1) The Governor in Council may by order require that any description of advertisements of any goods specified in the order shall contaio or refer to information (whether or not amounting to or including a trade description) relating to such goods and subject to the provisions of this Ordinance impose requirements as to the inclusion of that information or of an indication of the means by which it may be obtained.
(2) An order under this section may specify the form and manper in which any such information or indication is to be included in advertise- ments of any description and may make different provision for different circumstances.
(3) Where an advertisement of any goods to be supplied in the course of any trade or business fails to comply with any requirement imposed under this section, any person who publishes the advertisement commits an offence.
PART II
FALSE TRADE DESCRIPTIONS OR REPRESENTATIONS AND FORGED TRADE MARKS
Information co be sed do
da do we ma fastada v [et. 1968 c. 29,
*
(1) A person applies a trade description or trade mark or mark Applyinom m
to goods if boo
(a) affixes or annexes it to or in any manner marks it on
incorporates it with-
(i) the goods themselves; or
() anything in, on or with which the goods are supplied;
wade descoD-
tion, trade
mark or mak
or
10 goodi.
(b) places the goods in, on or with anything which the trade descrip- tion or trade mark or mark has been affixed or annexed to, marked on or incorporated with, or places any such thing with the goods;
(c) uses the trade description or trade mark or mark in any manoet
likely to be taken as referring to the goods; or
(d) makes in any affidavit, declaration or writing any statement to the effect that a trade description or trade mark or mark is applicable to the goods.
(2) An oral statement may amount to the use of a trade description or trade mark or mark.
Jer. 1968 c. 29.
4.J