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New Mandatory Requirements for Electrical Products Sold or Offered for Sale in Ontario, Canada

The Electrical Safety Authority (ESA), the Authority Having Jurisdiction in Ontario, Canada, has announced new requirements for electrical products sold in the province. 

The ESA is responsible for administering and enforcing Part VIII of the Electricity Act, 1998 and regulations, including Regulation 438/07. Specifically, Regulation 438/07 requires that manufacturers, wholesalers, product importers, distributors, retailers, certification organizations, and field evaluators to:

1. Report to ESA any serious electrical incident, accident or defect with electrical products or devices that affect or are likely to affect the safety of any person or cause damage to property.

2.  Assist in the investigation of serious electrical product incidents, accidents or defects in design, construction or functioning of the electrical product or device.

3.  Undertake notification of the public or any person or class of persons of a risk or defect in an electrical product or device or occurrence of a serious electrical incident.

4.  Undertake further appropriate corrective action if requested to do so by ESA.

Examples of electrical products and devices covered include: consumer electrical products, commercial electrical products, electrical medical devices, industrial electrical products, and wiring products.

If a reportable incident occurs outside of Ontario on a product available for sale in Ontario or sold in Ontario, a report MUST be made to ESA. Read letter issued by the ESA.

Registration requirements:

In addition to the obligations outlined in Regulation 438/07 and the guideline,
manufacturers (those responsible for manufacturing electrical products for sale in Ontario, Canada) will be required to register with Ontario’s ESA beginning April 1st, 2009.  Manufactures will have until August 30, 2009 to complete the registration process. This includes manufacturers of products currently sold in Ontario as well as any manufacturer who intends on manufacturing and selling new electrical product(s) in Ontario. Registration by the Manufacturers authorized representative will be required. Products will not be approved for sale in Ontario until such time as the manufacturer has registered with ESA. (at
www.esasafe.com)

Registration will be required in addition to a recognized certification mark (such as the ETL Mark) or field evaluation label for electrical products to be approved for sale in Ontario. Products failing to meet these requirements will be considered “unapproved” and subject to investigation, public notification and fines.

Any questions regarding the new requirements should be directed to the ESA at 1-877-ESA-SAFE.

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