Non-Tariff Barriers to Trade
Overview
The Standards Council of Canada (SCC) coordinates standardization activities in Canada as a federal Crown Corporation. The SCC reports to the Parliament through the Minister of Innovation, Science, and Economic Development and oversees Canada’s National Standards System. The SCC comprises representatives from the federal and provincial governments as well as from a wide range of public and private interests. The council prescribes policies and procedures for developing National Standards of Canada (NSC), coordinates Canada’s participation in the international standards system, and accredits standards organizations. The SCC is independent of government, although it is partially financed by public funds.
The SCC does not develop standards itself, nor does it conduct conformity assessments. Conformity assessment determines that a product, system or service meets the requirements of a particular standard. The SCC is Canada’s national accreditation body, accrediting conformity assessment organizations such as testing laboratories and certification bodies to internationally recognized standards. There are over 12 standards development organizations (SDOs) accredited by SCC covering a wide range of product and service areas.
Standards and Technical Regulations
A National Standards of Canada (NSC) is a standard developed by an SCC accredited standards development organization, according to SCC’s Requirements and Guidance based on international best practices. The Canadian Standards Association (CSA) and UL Solutions of Canada are just two examples of SCC accredited standards development organizations covering a wide variety of commercial goods and services. The Canadian General Standards Board (CGSB) and the Bureau de Normalisation du Québec (BNQ) cover areas related to the activities of the Canadian federal and Quebec provincial government, respectively. Each of these organizations develops standards through committees representing various interests. SDOs may submit standards to the SCC to be recognized as NSCs.
Standards and technical regulations in Canada follow the principles outlined in the World Trade Organization (WTO) Agreement on Technical Barriers to Trade (“TBT Agreement”) and, as such, must not create unnecessary barriers to trade.
Testing, Inspection, and Certification
Product testing, known as conformity assessment, is usually carried out by a testing and certification organization or laboratory that has been accredited to conduct the test that certifies the product’s conformity with the applicable standard. All regulated products must be tested and certified. The Standards Council accredits six types of conformity assessment organizations:
Testing and Calibration Laboratories
Management System Certification Bodies
Personnel Certification Bodies
Product and Service Certification Bodies
Inspection Bodies
Greenhouse Gas Validation and Verification Bodies
Publication of Technical Regulations
The Standards Council operates Canada’s WTO Standards Enquiry Point. The Enquiry Point provides a current database of all current Canadian standards and regulations and makes the information available to Canada’s trading partners.
In addition to submitting proposed technical regulations to the WTO TBT Committee, any proposed regulatory change in Canada is listed in the Canada Gazette. U.S. companies can submit comments to the Government of Canada on proposed changes, especially if the changes are likely to constitute a trade barrier.
Persons who plan to comment on a Canadian (or any other foreign) regulation should contact the United States National Center for Standards and Certification (NCSCI) for guidance. If there is insufficient time to review and comment on the regulation, NCSCI staff will request an extension of the comment period.
Contact Information
The Office of Trade Agreements Negotiations and Compliance (TANC) serves as a point of contact for U.S. companies to submit information on a foreign trade barrier or unfair trade practice they have encountered, such as a technical barrier to trade that is limiting their ability to export or compete internationally. For additional information or support, please contact TANC at tanc@trade.gov or by phone at (202) 482-1191.
For additional information on standards, please contact Commercial Specialist Tracey Ford at the U.S. Embassy Ottawa at Tracey.Ford@trade.gov or by phone at (613) 688-5406 or International Trade Specialist Jessica Roop at the Office of Standards and Intellectual Property at Jessica.Roop@trade.gov or by phone (202) 495-8356.Use ePing to review proposed technical regulations and conformity assessment procedures.
The ePing SPS&TBT platform (https://epingalert.org/), or “ePing”, provides access to notifications made by World Trade Organization (WTO) Members under the Agreements on Sanitary and Phytosanitary Measures (SPS) and Technical Barriers to Trade (TBT), distributed by the WTO from January 16, 1995, to present. ePing is available to all stakeholders free of charge and is a versatile tool that can be used to:
- Follow and review current and past notifications concerning regulatory actions on products, packaging, labeling, food safety and animal and plant health measures in markets of interest.
- Receive customized e-mail alerts when new notifications are distributed.
- Find information on trade concerns discussed in the WTO SPS and TBT Committees.
Per obligation under the TBT Agreement, each WTO Member operates an Enquiry Point. National TBT Enquiry Points are authorized to accept comments and official communications from other national TBT Enquiry Points, which are NOT part of the WTO or the WTO Secretariat. All comment submissions from U.S. stakeholders, including businesses, trade associations, U.S domiciled standards development organizations and conformity assessment bodies, consumers, or U.S. government agencies on notifications to the WTO TBT Committee should be sent directly to the USA WTO TBT Enquiry Point. Refer to the comment guidance at https://www.nist.gov/notifyus/commenting for further information. This guidance is provided to assist U.S. stakeholders in the preparation and submission of comments in response to notifications of proposed foreign technical regulations and conformity assessment procedures.