Determining when the Minister of Transport will consider issuing a type approval certificate

This document specifies how Transport Canada will determine when it will consider issuing approvals for appliances and products that have not been approved by a Recognized Organization (RO) or listed by a Product Certification Body (PCB). It is meant for anyone who is looking to get approval by the Minister.

On this page

Tier II - procedure

1 Process flowchart

Text version

The flowchart shows the sequence of the procedure being followed when the Minister is asked to consider issuing a type approval certificate. After receiving the application form with all supporting documents from the manufacturer, TCMSS (HQ) reviews the documentary evidence and determines if it is justified for the Minister to issue a certificate of approval. The decision is then communicated to the manufacturer.

 

2 Purpose

2.1 The purpose of this procedure is to specify how Transport Canada determines when it will offer the services specified in Section 4 of TP 14612 Procedures for Approval of Life-Saving Appliances and Fire Safety Systems, Equipment and Products (RDIMS 1970324) to products and equipment manufacturers.

3 Authority

3.1 This procedure is based on the requirement for life saving appliances and fire safety systems, equipment and products to be “approved by the Board” or “approved by the Minister” as found in various regulations.

3.2 This policy comes under the overall administrative authority of the Director General, Marine Safety & Security. The Marine Safety & Security Executive (MSSE) committee has approved this policy for general application.

4 Background

4.1 Section 4.1.2 of TP 14612 Procedures for Approval of Life Saving Appliances and Fire Safety System, Equipment and Products (RDIMS#1970324) stipulates that Transport Canada will, when there is sufficient justification in a request from a manufacturer, consider granting approvals on a case-by case basis for appliances and products that have not been approved by a Recognized Organization (RO) or listed by a Product Certification Body (PCB).

5 Scope

5.1 The procedures outline how Transport Canada considers issuing the required type approval certificate to a manufacturer requesting the approval of systems, equipment or products according to the procedures identified in section 4 of TP14612 Procedures for Approval of Life Saving Appliances and Fire Safety Systems, Equipment and Products.

6 Responsibility

6.1 The Executive Director, Domestic Vessel Regulatory Oversight, is accountable for the development, implementation, maintenance, and continuous improvement of this procedure.

6.2 For further information, please contact:
Email: TC.MarineTA-ATMaritime.TC@tc.gc.ca

7 Procedure

7.1 TCMSS receives an application for type approval review by Transport Canada (RDIMS#12978008) and supporting documentation from the manufacturer requesting a new certificate or the renewal of a type approval certificate from TCMSS in accordance with Section 4 of Tier II – Procedures – Procedures for Approval of Life Saving Appliances and Fire Safety Systems, Equipment and Products TP 14612 (RDIMS 1970324).

7.2 TCMSS may consider offering certification services directly if there is sufficient documentary evidence to support at least one (1) of the following two (2) circumstances:

  • a) Inability to Receive Services from ROs or PCBs
    All ROs and PCBs except for one (1) have clearly indicated their refusal to or inability to approve the equipment, system or product in question. All refusal emails/letters indicating refusal of service have to be provided to TCMSS.
  • b) Impact of approval on the product wholesale price
    Manufacturer can demonstrate that certification and follow up by RO would significantly increase the selling price of the product. In order to do so, the manufacturer shall provide a letter, signed by a responsible officer, accompanied by documentary evidence indicating the number of units sold annually and the wholesale price per unit. The manufacturer shall also provide the quotes received from the RO for the approval and certification of the product (initial cost and annual fees). Information shall be provided to cover a complete 5 year approval cycle.
     
    Text version

    Formula to determine the ROs fees, and check if they exceed 10%. Add the initial certification cost to 5 times the annual fees. Divide this by the cost per unit multiplied by 5 times the annual sales. The result must be greater than 10%.

     
     
    For TCMSS to consider offering certification services, the RO fees need to exceed 10% of the product’s total sales over the term of the certification

7.3 The request for exemption must be presented no later than three (3) month from the expiry of an existing certificate or before the issuance of a new certificate.

7.4 Based on the review of the documentation provided, the Executive Director determines whether TCMSS will consider issuing a type approval certificate for the equipment or product in question.

7.5 TCMSS writes a record of decision regarding the provision of certification services.

7.6 One the record of decision is approved by the Executive Director, Domestic Vessel Regulatory Oversight, TCMSS communicates the decision to the manufacturer.

8 Related documents

8.1 Tier II – Procedures – Procedures for Approval of Life Saving Appliances and Fire Safety Systems, Equipment and Products TP 14612 (RDIMS# 1970324)

8.2 Application for type approval review by Transport Canada (RDIMS# 12978008)

9 Definitions

9.1 Recognized Organization (RO) means an organization or a corporation with which the Minister has entered into an agreement or arrangement under paragraph 10(1)(c) of the Act.

Product Certification Body (PCB) is as defined in the Vessel Fire Safety Regulations and the Small Vessel Regulations as appropriate.

10 Date of application

10.1 This procedure will come into force on December 5, 2018.

11 Date for review

11.1 This procedure is to be reviewed after 12 months of its coming into force and every 5 years thereafter.

12 RDIMS reference

12.1 The English version of this document is saved in RDIMS under reference number 11059252.

12.2 La version française du présent document est dans le SGDDI et porte le numéro de référence 14636636.

12.3 This is the first approved and finalized revision of the English version of this document.

13 Keywords

  • Type approval
  • Manufacturer
  • Recognized Organization
  • Product Certification Body