ONTARIO REGULATION 438/07
made under the
ELECTRICITY ACT, 1998
Made: July 25, 2007
Filed: August 1, 2007
Published on e-Laws: August 2, 2007
Printed in The Ontario Gazette: August 18, 2007
PRODUCT SAFETY
Definitions and application
1. (1) In this Regulation,施工承诺书
“certification body” means a body accredited in accordance with the Standards Council of Canada Act (Canada) to certify electrical products and devices and recognized by the Authority;
“field evaluation agency” means an inspection body accredited in accordance with the Standards Council of Canada Act (Canada) to evaluate electrical products and devices and recognized by the Authority;
“rious electrical incident or accident” means an electrical incident or accident that,
(a) results in death or rious injury to a person,清新绿
古风签名唯美简短(b) has the potential to cau death or a risk of rious injury to a person, or
(c) caus or has the potential to cau substantial property damage.
(2) This Regulation applies to electrical products and devices governed by the Electrical Safety Code adopted under Ontario Regulation 164/99 (Electrical Safety Code) made under the Act.
Deemed approvals
2. (1) An electrical product or device that falls into one of the following categories is deemed to be approved:
1. An electrical product or device for which a certification body has issued a report certifying that the electrical product
or device conforms to the applicable standards for the electrical product or device and,
i. the report is available to the Authority from the certification body,
ii. the electrical product or device complies with all standards of design and construction and all terms and conditions t out in the report, and
iii. the electrical product or device bears the certification body’s mark, which identifies the electrical product or device as certified for u in Canada.
2. An electrical product or device, if a field evaluation agency has examined the electrical product or device or a sample
and issued a report confirming that product or device conforms to the applicable standards for the electrical product or device and prents no undue hazard to persons or property and,
i. the electrical product or device is within the scope of Section 3 of the Electrical Safety Code adopted under
Ontario Regulation 164/99 (Electrical Safety Code) made under the Act and within the field evaluation agency’s accreditation under the Standards Council of Canada Act (Canada),
ii. the electrical product or device bears a label approved for u in either Ontario or Canada affixed by the field evaluation agency, and
iii. where the field evaluation agency has examined only a sample, the electrical product or device is of the same design and construction as the sample.
3. An electrical product or device, if the Authority has examined or tested the electrical product or device or a sample and
determines that it prents no undue hazard to persons or property and,
i. the electrical product or device bears a label affixed by the Authority,那些年一起追过的女孩
ii. all applicable fees have been paid, and
iii. where the examination or testing was of only a sample, the electrical product or device is of the same design and construction as the sample.
(2) Where testing is required for the purpos of paragraph 3 of subction (1), the Authority may accept reports or other evidence of testing from a certification body, field evaluation agency, professional engineer or other competent person.
(3) If an electrical product or device consists of or incorporates a component or components that are deemed to be approved under this ction, the electrical product or device is not deemed to be approved unless the whole product or device as asmbled is deemed to be approved under this ction.
(4) In this ction,
“competent person” means a person who is qualified becau of knowledge, training and experience to asss the design, construction or functioning of an electrical product or device in accordance with applicable standards for the determination of any undue hazard to a person or property.
Product or device connected to electrical installation
3. If an electrical product or device that is ud in or connected to an electrical installation is inspected by the Authority, it is deemed to be approved if the installation and electrical product or device pass the inspection.
Prohibition, affixing label not issued for product or device
4. No person shall affix to any electrical product or device an approval label that was not issued for that electrical product or device.
Prohibition, lling etc. non-approved product or device
5. (1) No person shall u, adverti, display, ll, offer for sale or other disposal any electrical product or device unless it has been approved in accordance with this Regulation.
(2) No person shall u an electrical product or device for any purpo or in any manner other than the purpo or manner for which it is intended.
(3) If a certification report or a field evaluation report in respect of any approved electrical product or device requires that
a notice indicating the proper and safe manner of u of the electrical product or device be affixed to the electrical product or device or be provided with it, no person shall u, adverti, display, ll, offer for sale or other disposal of the electrical product or device without affixing or providing the notice in the manner required by the report.
(4) Despite subction (1), an electrical product or device does not require approval under this Regulation if,
(a) it is displayed at a trade show or is activated in a demonstration of its u; and
(b) permission to display or activate it is given by the Authority.
Suspending or revoking an approval
6. (1) The Authority may suspend or revoke the approval of an electrical product or device if,
(a) the electrical product or device is not manufactured or produced in accordance with all standards of design and
construction and all terms and conditions t out in the certification report or field evaluation report;
(b) the Authority finds the electrical product or device to be unduly hazardous to persons or property; or
(c) an examination by the Authority of the electrical product or device or of the certification report or field evaluation
report for the electrical product or device shows that the electrical product or device does not comply with all applicable standards.
(2) If an approval is suspended or revoked, the electrical product or device is deemed not to be approved.
(3) The Authority may establish rules with respect to a process for the suspension, revocation or reinstatement of deemed approvals.
Revocation of recognition
7. (1) The Authority may, by notice in writing to a certification body or a field evaluation agency,春节英文介绍
(a) cea to recognize the body as a certification body for the purpos of certifying an electrical product or device under
paragraph 1 of subction 2 (1); or
(b) cea to recognize the agency as a field evaluation agency for the purpos of confirming an electrical product or
device under paragraph 2 of subction 2 (1).
(2) The Authority may establish rules with respect to a process for ceasing to recognize under subction (1) a body as a certification body and an agency as a field evaluation agency.
Reporting rious electrical incidents or accidents or defects
8. (1) A manufacturer, wholesaler, importer, product distributor or retailer that becomes aware of a rious electrical incident or accident or a defect in the design, construction or functioning of an electrical product or device that affects or is
likely to affect the safety of any person or cau damage to property, shall report to the Authority as soon as practicable after becoming aware of the rious electrical incident or accident or defect.
(2) A certification body or field evaluation agency that becomes aware of a rious electrical incident or accident or a defect in the design, construction or functioning of an electrical product or device that was the subject of a report given by the certification body or field evaluation agency that affects or is likely to affect the safety of any person or cau damage to property shall report to the Authority as soon as practicable after becoming aware of the rious electrical incident or accident or defect.
(3) A report under subction (1) or (2) may be given by telephone, fax or other form of electronic transmission or by any other means that brings the report to the attention of the Authority.
(4) A report under subction (1) or (2) must include,
(a) contact details of the person making the report or on who behalf the report is being made, including name, address,
email address and telephone number;
(b) information that permits preci identification of the product or device;
(c) details of the rious electrical incident or accident or the defect in the design, construction or functioning of the
electrical product or device, including any damage or harm to property or persons; and
(d) any other relevant information that is required by the Authority, in a form required by the Authority.
(5) Upon the request of the Authority, the following persons or organizations shall assist in the invest
igation of the rious electrical incident or accident or the defect in the design, construction or functioning of the electrical product or device:
1. The manufacturer, wholesaler, importer, product distributor or retailer of the electrical product or device that is the
subject of the report.
2. The certification body that certified the electrical product or device that is the subject of the report.
3. The field evaluation agency that examined the electrical product or device that is the subject of the report.
Order requiring notice to public or persons
9. (1) The Authority may, by order issued under subction 113 (11) of the Act, require that notice be given to the public or any person or class of persons by,
(a) the manufacturer, wholesaler, importer, product distributor or retailer of the electrical product or device;
(b) the certification body that certified the electrical product or device;
(c) the field evaluation agency that examined the electrical product or device; or
(d) any other person specified by the Authority,
of a risk or defect in an electrical product or device or occurrence of a rious electrical incident.
(2) The order may require that the notice be,
(a) in writing, nt by ordinary mail or registered mail, by fax or by other form of electronic transmission to known
persons or class of persons;
龙凤宝宝(b) by publication in a newspaper with general distribution in Ontario;
(c) by such other means as may be required by the Authority to bring the notice to the attention of the public or to any
person or class of persons; or
(d) by any combination of the means t out in claus (a), (b) and (c).
(3) The Authority may issue the notice, if the manufacturer, wholesaler, importer, product distributor or retailer of the electrical product or device, the certification body that certified the electrical product or device or the field evaluation agency that examined the electrical product or device refus or fails to comply with subction (1).
(4) The Authority may, in its discretion, issue a notice to the public or to any person or class of person of a risk or defect in an electrical product or device or occurrence of a rious electrical incident.
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(5) If the Authority issues the notice, in addition to the methods t out in subction (2), the Authority may post the notice on its website.
(6) Before issuing a notice under subction (3) or (4), the Authority shall give notice to the manufacturer, wholesaler, importer, product distributor or retailer of the electrical product or device, to the certification body that certified the electrical product or device or to the field agency that examined the electrical product or device and shall give them the opportunity to comment on the notice.
(7) Any costs associated with the Authority issuing a notice under subction (3) shall be paid by the manufacturer, wholesaler, importer, product distributor or retailer of the electrical product or device, by the certification body that certified the electrical product or device or by the field evaluation agency that examined the electrical product or device.
Order requiring electrical product or device be retained and prerved
10. An order under subction 113.13.1 (1) of the Act requiring that an electrical product or device be retained and prerved may include the following requirements:
1. That the product or device be retained in a cure place specified in the order, which is not accessible to the public.
2. That an inventory of the product or device be provided.
3. That an inspector have access to the product or device.七女
4. That a label approved by the Authority be affixed to the product or device stating that,
i. the product or device is no longer approved for sale,
ii. the product or device prents a risk to the safety of any person, and
iii. if the product or device has been purchad, it should no longer be ud.
5. That any other requirements t out in the order be satisfied.
Commencement
11. (1) Subject to subctions (2) and (3), this Regulation comes into force on October 1, 2007.
(2) Section 10 comes into force on January 1, 2008.
(3) Section 8 comes into force on July 1, 2008.
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