Posted on June 30, 2016
This document specifies the procedure for Canadian testing laboratories to be:
- recognized by Innovation, Science and Economic Development Canada (ISED) to test telecommunications terminal equipment and radio apparatus to the Department’s specifications and standards; and
- designated by ISED to test telecommunications equipment, information technology equipment and radio apparatus (including testing for electromagnetic compatibility (EMC)), as applicable under the terms of the relevant Mutual Recognition Agreements/Arrangements (MRAs), to the requirements of foreign regulatory authorities.
Annex A — Application for Designation or Recognition of a Canadian Testing Laboratory by Industry Canada, has been replaced by a web form, available at http://www.ic.gc.ca/eic/site/ceb-bhst.nsf/frm-eng/EABV-A7TRKJ.
Interested parties are requested to provide their comments within 90 days of the date of publication of this notice, using the online General Inquiry form at http://www.ic.gc.ca/res_general. Comments and suggestions for improving this procedure may be submitted online, using the Standard Change Request form at http://www.ic.gc.ca/res_change.
Copies of this document are available electronically on the Spectrum Management and Telecommunications Web site at http://www.ic.gc.ca/spectrum.
Issued under the authority
of the Minister of Innovation, Science and
Acting Director General
Engineering, Planning and Standards Branch
This document specifies the procedure applicable to Canadian testing laboratories for:
- recognition by Innovation, Science and Economic Development Canada (ISED) to test telecommunications terminal equipment and radio apparatus; and
- designation by the Department to test telecommunications equipment, information technology equipment and radio apparatus (including testing for electromagnetic compatibility (EMC)), as applicable under the terms of the relevant Mutual Recognition Agreements/Arrangements (MRAs), to the requirements of foreign regulatory authorities. Designation is a prerequisite to recognition by a foreign regulatory authority.
- Innovation, Science and Economic Development Canada (ISED).
- the Department’s Certification and Engineering Bureau (CEB).
- a procedure by which an authoritative body gives formal recognition that a body or person is competent to carry out specific tasks.
- Conformity Assessment:
- a systematic examination to determine the extent to which a product, process or service fulfils specified requirements.
- Conformity Assessment Body:
- a body engaged in the performance of procedures for determining whether the relevant requirements in technical regulations or standards are fulfilled.
- Designating Authority:
- a body with authority to designate, monitor, suspend designation or withdraw designation of conformity assessment bodies under its jurisdiction.
- the nomination by a designating authority of a conformity assessment body as competent to perform conformity assessment activities under the terms of an agreement or arrangement.
- the acceptance of a designated conformity assessment body by a regulatory authority.
- Recognized Accreditation Organizations:
- accreditation organizations that have been recognized by the Standards Council of Canada (SCC) or a Mutual Recognition Agreement/Arrangement (MRA) partner as competent to perform accreditation.
- Regulatory Authority:
- a government agency or other entity with the power to regulate the use or sale of products within its jurisdiction.
- Testing Laboratory:
- a laboratory that performs tests (e.g. ISO/IEC Guide 2:2004).
Canadian testing laboratories designated for testing to Canadian requirements under the latest DES-LAB are considered to be recognized testing laboratories for the purpose of Section 1.1(a).
The scope of designation or recognition is limited to the scope of accreditation of the testing laboratory.
Terminal equipment with radio apparatus capabilities must comply with and not be limited to terminal equipment regulations. Testing laboratories shall comply with the applicable technical competence requirements of DC-01— Procedure for Declaration of Conformity and Registration of Terminal Equipment.
The testing laboratory to be designated or recognized shall be legally identifiable and located in Canada.
The testing laboratory shall be accredited for testing to Canadian or foreign requirements for which it seeks designation or recognition, in accordance with the latest editionFootnote 1 of ISO/IEC 17025, General requirements for the competence of testing and calibration laboratories. Accreditation can be obtained from the Standards Council of Canada (SCC), using CAN-P-4 requirements or a recognized accreditation organization.
The applicant seeking designation shall apply by using the online application form (available at http://www.ic.gc.ca/eic/site/ceb-bhst.nsf/frm-eng/EABV-A7TRKJ). In completing the application form, the applicant shall list the standards or specifications for which designation or recognition is sought and submit the following documentation:
- a signed covering letter, indicating that the applicant:
- meets all requirements of the latest issue of this DES-LAB procedure;
- will provide information and access to records, personnel and facilities to verify continuing compliance; and
- will inform the Department’s Certification Engineering Bureau (CEB) of any changes to accreditation status and/or scope;
- a copy of the accreditation certificate proving that the testing laboratory has been accredited to the latest editionFootnote 2 of ISO/IEC 17025; and
- a copy of the scope of accreditation.
It is important that the information submitted by the applicant match the ISO/IEC 17025 Certificate and Scope of Accreditation and that the accreditation be valid at the time of application.
The application will be evaluated by the Department on a first-come, first-served basis.
If the application for designation to foreign requirements is approved, the Department will notify the appropriate foreign regulatory authority of the designation so that recognition of the testing laboratory can take place.
If additional information is required to make a decision, departmental officials will contact the testing laboratory.
Upon recognition by the Department or a foreign regulatory authority, the Department will issue a letter, confirming that the laboratory has been recognized. The confirmation letter will state the standards or specifications for which recognition has been granted. The recognized testing laboratory will be added to the list of recognized testing laboratories (http://www.ic.gc.ca/eic/site/mra-arm.nsf/eng/h_nj00091.html).
All documents submitted to the Department in support of a testing laboratory designation or recognition will be retained, in accordance with Section 6 of this document (below).
Canadian testing laboratories shall indicate which information and documents provided in support of an application for recognition or designation are confidential. The provisions of the Access to Information Act apply.
The Department will not disclose the status of applications for designation or recognition, or applications for change of scope to any third party until the process is completed.
The Department does not accept any responsibility for the effects or consequences of services provided by the recognized testing laboratory on users of such services.
The designation or recognition of a testing laboratory by the Department does not imply or otherwise suggest approval of a product, or that the designated testing laboratory is an agent or representative of the Department.
Designated or recognized testing laboratories shall maintain their accreditation status. The Department requires designated or recognized testing laboratories to provide evidence of their accreditation status and scope upon request.
Designated or recognized testing laboratories shall inform the Department, in writing, of any changes that may affect their continued compliance with this procedure and ability to carry out the activities for which they were designated or recognized. This includes changes in:
- business address and contact information;
- accreditation scope and status; or
- subsequent reassessments.
A testing laboratory shall not advertise its designation or recognition status for testing activities that are outside of the scope of its designation or recognition.
When a recognized testing laboratory is the subject of an investigation for non-compliance with this procedure, or in situations where a formal review process exists, such as in MRAs (through a joint committee), a recognition suspension may be issued to the testing laboratory until the formal review process is completed. The testing laboratory is required to take immediate corrective action to the Department’s satisfaction. Where it is found that a recognized testing laboratory does not comply with the requirements of this procedure, the recognition may be withdrawn. Such action will, however, take place only after a comprehensive consultation between the Department, the affected testing laboratory and the foreign regulatory authority, as applicable.
If a testing laboratory’s recognition is suspended or withdrawn by the foreign regulatory authority, the designation will also be suspended or withdrawn by the Department.
Testing laboratories whose recognition has been suspended or withdrawn will be removed from the list of recognized testing laboratories.
A testing laboratory whose designation or recognition has been suspended or withdrawn shall stop advertising its designation and recognition.