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Guidelines on International Regulatory Obligations and Cooperation (view source)
Revision as of 13:08, 5 August 2021
, 13:08, 5 August 2021no edit summary
Website: [https://www.canada.ca/content/canadasite/en/treasury-board-secretariat/corporate/organization.html http://www.regulation.gc.ca]
Website: [https://www.canada.ca/content/canadasite/en/treasury-board-secretariat/corporate/organization.html http://www.regulation.gc.ca]
== Appendix A: Glossary of Terms ==
; Accreditation
: The formal verification, often based on internationally recognized criteria or procedures, of an organization's competence to carry out a specific function.
; Certification
: The procedure by which an official certification body or other recognized body provides written or equivalent assurance that control systems conform to requirements, where this includes, as appropriate, continuous online inspection, auditing of quality assurance systems, and examination of finished product.
; Compatibility
: A state existing between two or more equivalent regulations if they have been designed and implemented in such a way as to minimize or eliminate conflicting or duplicative requirements, processes, administration, and/or procedures in achieving compliance. This has the effect of permitting goods or services to be used in place of one another or to fulfil the same purpose.
; Conformity Assessment Procedure
: The determination that a product, process, or service conforms to particular standards, specifications, or regulatory requirements, where this includes certification (pre- and post-market), testing, quality management, and environmental management systems registration.
; Regulations
: A form of law-they have binding legal effect and usually set out rules that apply generally rather than to specific persons or situations. Often referred to as "delegated" or "subordinate legislation," regulations are made by persons to whom or bodies to which Parliament has delegated authority, such as Cabinet (the Governor in Council), a minister, or an administrative agency. Authority to make regulations must be expressly delegated through enabling legislation (CDSR, page 2).
; Standard
: A set of rules, guidelines, or characteristics approved by a recognized body and intended for repeated use for goods or related processes and production methods, or for services or related operating methods or manner of supply with which compliance is not mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking, or labelling requirements as they apply to a good, process, or production or operation method.
; Technical Regulation
: A measure that lays down goods' characteristics or their related processes and production methods, or services' characteristics or their related operating methods or manner of supply, including the applicable administrative provisions with which compliance is mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking, or labelling requirements as they apply to a good, process, or production or operating method.<ref>WTO TBT, Annex I ("Terms and their Definitions for the Purpose of this Agreement"), p. 2.</ref>
== Appendix B: CDSR Requirements on International Trade Obligations Regarding Specific Requirements for the Design and Implementation of Technical Regulations, Conformity Assessment Procedures, and Sanitary and Phytosanitary Measures ==
The ''Cabinet Directive on Streamlining Regulation'' establishes the responsibility of departments and agencies to seek advice and comply with Canada's international trade obligations. This appendix draws attention to certain specific requirements applicable to technical regulations, conformity assessment procedures, and sanitary and phytosanitary measures contained in the World Trade Organization (WTO) Agreement on Technical Barriers to Trade, the WTO Agreement on the Application of Sanitary and Phytosanitary Measures, and Chapter Seven ("Sanitary and Phytosanitary Measures") and Chapter Nine ("Technical Barriers to Trade") of the North American Free Trade Agreement.
In particular, with respect to technical regulations, conformity assessment procedures, and sanitary and phytosanitary measures that affect trade, departments and agencies are to:
* specify, where possible, technical regulatory requirements in terms of performance rather than design or descriptive characteristics;
* consider accepting as equivalent the technical regulations and conformity assessment procedures of other countries, even if different, provided they achieve the intended regulatory objective and offer an equivalent level of assurance of conformity with domestic technical regulations and standards;
* ensure that technical regulations and conformity assessment procedures treat products from one jurisdiction no less favourably than like products from other jurisdictions;
* ensure that sanitary and phytosanitary measures are based on scientific principles and evidence, that they do not arbitrarily or unjustifiably discriminate against other jurisdictions where identical or similar conditions prevail, and that they are based on international standards, guidelines, or recommendations where they exist;
* accept the sanitary and phytosanitary measures of other countries as equivalent, even if different, provided they achieve Canada's appropriate level of sanitary or phytosanitary protection;
* use available international standards, guidelines, and recommendations as a basis for technical regulations and for conformity assessment procedures where they achieve the intended regulatory objective;
* treat regulatees and products from one jurisdiction no less favourably than those from other jurisdictions when assessing conformity to technical regulatory requirements, providing they are in comparable situations;
* have in place a process to review complaints concerning conformity assessment procedures and must take corrective action when justified; and
* publish proposals for new or changed technical regulations, conformity assessment procedures, and sanitary and phytosanitary measures that may affect international trade for a comment period of at least 75 days and take into account the comments received.{{align|right|CDSR, page 14}}