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GEN-04 (rev.1) Conditional Approvals - Terms, Conditions, Disclosure, Notification and Initial Inspection/Verification
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Gen 04 rev.1, in PDF format, 53 KB
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Table of Contents
1. Purpose
2. Scope
3. Background
4. Terms, Conditions and Disclosure
5. Notification
6. Initial Inspection/Verification
7. Revision
8. Additional Information
Date: 2003-07-09
Bulletin: GEN-04 (rev.1)
Category: GENERAL
Supercedes: GEN-04
Document(s): W&M Act subsection 3(2), E&G Inspection Act subsection 9(4), E&G Regulations section 15, Bulletin GEN-6,S-A-01:2002
1. Purpose
The purpose of this bulletin is to clarify the terms, conditions, disclosure and notification requirements for devices that are conditionally approved1 under subsection 3(2) of the Weights and Measures Act, or subsection 9(4) of the Electricity and Gas Inspection Act, and to provide inspectors with guidelines for ensuring that proper disclosure and notification occurs, where required, prior to a device being inspected/verified.
2. Scope
This bulletin is applicable to devices that are subject to the Weights and Measures Act or to the Electricity and Gas Inspection Act, and that are conditionally approved.
3. Background
Conditional approvals can be granted by Measurement Canada for two main reasons:
a) the device or one or more of its functions are evaluated against an authorized draft specification as provided for in GEN-06; and/or,
b) the device cannot be evaluated in the laboratory and must be installed for use in trade for the purposes of approval evaluation.
Conditional approvals have historically required the approval applicant to disclose certain information to the purchaser, prior to concluding the sale of a conditionally approved device, and to notify Measurement Canada of the sale of such devices. Disclosure and notification have been required to enable purchasers to make informed choices when purchasing a device and to enable Measurement Canada to monitor the installation and plan for the inspection of these devices.
4. Terms, Conditions and Disclosure
4.1
Devices that are subject to an authorized draft specification and that can be fully evaluated against the specification, without requiring their installation for use in trade, will be granted a conditional approval as per bulletin GEN-6 and the dealer will not be required to make any specific disclosure to the purchaser.
In such cases the conditional approval shall indicate the terms and conditions under which the conditional approval is granted, including:
a) the title and issue date of the authorized draft specification that was used for the evaluation;
b) a statement to the effect that the conditional approval will expire upon adoption of the specifications and that no further devices will be authorized to be placed into service unless permitted by transitory measures announced at the time the specification is adopted; and,
c) a statement to the effect that devices installed, initially inspected/verified under the authority of the conditional approval may require subsequent modifications by the approval applicant, or the device owner should the approval applicant no longer be in business, in order to comply with the adopted specifications.
4.2
Devices that cannot be fully evaluated for approval in the laboratory, and must be installed for use in trade for the purposes of approval evaluation by Measurement Canada, will be granted a conditional approval. The dealer will continue to be required to disclose certain information to the purchaser, prior to concluding the sale of the device.
In such cases the conditional approval shall indicate the terms and conditions under which the conditional approval is granted, including:
a) a statement to the effect that any non-compliance with the regulations and specifications that govern the approval will be resolved by the approval applicant;
b) a statement to the effect that final approval is contingent on the results of in-situ inspections; and,
c) a statement to the effect that the dealer is required to disclose these first two conditions to the purchaser of the device, prior to concluding the sale of such a device; and,
d) a statement as to the number of devices that will be authorized to be installed for use in trade for the purpose of the approval evaluation.
4.3
Conditional approvals for devices that cannot be fully evaluated for approval without being installed for use in trade and that are subject to an authorized draft specification shall include the seven (7) terms and conditions listed in sections and above.
4.4
The disclosure required by section shall be in writing and shall be in the same words as in the Notice of Conditional Approval or in other words that convey the same meaning.
1 The term "conditional approval" has been used in place of "temporary approval" since April 1, 1987.
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