Reference: [1] Precious Metals Marking Act
http://www.laws.justice.gc.ca/eng/acts/P-19/index.html

Precious Metals Marking Regulations
http://www.laws.justice.gc.ca/eng/regulations/C.R.C.,_c._1303/index.html

Guide to the Precious Metals Marking Act and Regulations
http://www.competitionbureau.gc.ca/eic/site/cb-  bc.nsf/eng/01234.html

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* 1. 1.     Please state the nature of your jewellery business

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* 2. Are you aware of the detailed requirements of the Precious Metals Marking
Act and the Precious Metals Marking Regulations?

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* 3. Does your business have a compliance management strategy to ensure that your precious metals articles are marked in accordance with marking and quality requirements of the Act and Regulations?

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* 4. In your opinion, are there sections of the PMMR that are no longer relevant and/or outdated? For example, do the current regulations sufficiently address electronic commerce and cross border sales, advertising, flexibilities to meet consumer demand for innovative products and services (objective vs, prescriptive based regulations), internal and external trade etc.?  If so, please identify the section(s) and explain why.

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* 5. Have you experienced specific situations where compliance with the PMMR has proved to be a barrier to providing innovative products and services or has created undue technical or administrative burden on your business?

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* 6. If the PMM regulations were identified by ISED for review and modernization, what existing international standards or set of regulations would make most sense to satisfy the needs of Canadian jewellers and consumers?

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* 7. Vermeil – The allowed markings for articles that are gold-plated sterling silver is are “vermeil” or variations of “gold electro-plate” (see subsection 7(5) of the PMMR and sections 3 and 6 of the Table).  A CJA market survey has indicated that current standard trade practice appears to be marking these items as “sterling silver” or “925”.  

Should this regulation be amended to reflect the trade practice?  If so, might consumers confuse the decimal marking 925 for an indication of gold content given the exterior gold colour of the article?

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* 8. Platinum -  In March 1998, the Competition Bureau issued and enforcement advisory on accepted markings for platinum articles 
http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/01281.html

This set a precedent in applying an administrative ruling of non-objection to alternative markings that clarify precious metal content for consumers.

Does current industry practice reflect these marking requirements for platinum articles?

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* 9. Decimal Points -  The Competition Bureau (the enforcement agency) interprets the PMMR as requiring decimal points in the declaration of decimal equivalents of precious metal (subsection 6 (4)(b) of the PMMR).  Standard trade practice appears to be mixture of markings with and without the decimal point (i.e., 925/925, .750/750 etc.).

Should the regulations be amended to allow either decimal representations to be stated with or without decimal points?

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* 10. Hang Tags - Some jewellery retailers will place tags on a precious metal article with written or printed representations of precious metal quality when articles are not stamped with either a quality mark or a trade mark. This practice has become problematic for enforcement officials since consumers have no access to the registered trade mark of the responsible party. 

The Competition Bureau interprets the PMMR as requiring a trade mark to be applied on the same hang tag if the only quality representation is on that tag. This is understandably a very impractical solution.

Should the PMMR be amended, or enforcement interpretations be issued as in the case of the Competition Bureau statement on platinum markings, to clarify alternative methods of complying in these situations?

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* 11. Additional Comments

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