Standards Council of Canada Act (R.S.C., 1985, c. S-16)

Act current to 2017-12-11 and last amended on 2012-03-16. Previous Versions

Standards Council of Canada Act

R.S.C., 1985, c. S-16

An Act to establish the Standards Council of Canada

Short Title

Marginal note:Short title

 This Act may be cited as the Standards Council of Canada Act.

  • R.S., c. 41(1st Supp.), s. 1.

Interpretation

Marginal note:Definitions

 In this Act,

Council

Conseil

Council means the Standards Council of Canada established by section 3; (Conseil)

Minister

ministre

Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act. (ministre)

  • R.S., c. 41(1st Supp.), s. 2.

Council Established

Marginal note:Council established

 A corporation is hereby established, to be known as the Standards Council of Canada, consisting of the following members:

  • (a) the Chairperson and Vice-Chairperson of the Provincial-Territorial Advisory Committee established under subsection 20(1);

  • (b) the Chairperson of the Standards Development Organizations Advisory Committee established under subsection 21(1); and

  • (c) not more than 10 other persons to represent the private sector, including non-governmental organizations.

  • (d) [Repealed, 2010, c. 12, s. 1769]

  • R.S., 1985, c. S-16, s. 3;
  • 1996, c. 24, s. 1;
  • 2003, c. 22, s. 224(E);
  • 2010, c. 12, s. 1769.

Mandate and Powers

Marginal note:Mandate
  •  (1) The mandate of the Council is to promote efficient and effective voluntary standardization in Canada, where standardization is not expressly provided for by law and, in particular, to

    • (a) promote the participation of Canadians in voluntary standards activities,

    • (b) promote public-private sector cooperation in relation to voluntary standardization in Canada,

    • (c) coordinate and oversee the efforts of the persons and organizations involved in the National Standards System,

    • (d) foster quality, performance and technological innovation in Canadian goods and services through standards-related activities, and

    • (e) develop standards-related strategies and long-term objectives,

    in order to advance the national economy, support sustainable development, benefit the health, safety and welfare of workers and the public, assist and protect consumers, facilitate domestic and international trade and further international cooperation in relation to standardization.

  • Marginal note:Powers

    (2) The Council, in carrying out its mandate, may

    • (a) promote cooperation among organizations concerned with voluntary standardization in Canada in order to coordinate standardization activities and develop common standards and codes;

    • (b) promote cooperation between organizations concerned with voluntary standardization in Canada and departments and agencies of government at all levels in Canada with a view to achieving compatibility and maximum common usage of standards and codes;

    • (c) establish or recommend criteria and procedures relating to the preparation, approval, acceptance and designation of voluntary standards in Canada;

    • (d) accredit, in accordance with criteria and procedures adopted by the Council, organizations in Canada or in a country designated by an order made under subsection (4) that are engaged in conformity assessment, and maintain a record of those accredited organizations and of their marks of conformity;

    • (d.1) accredit, in accordance with criteria and procedures adopted by the Council, organizations in Canada that are engaged in standards development, and maintain a record of those accredited organizations and of their marks that relate to standardization;

    • (e) approve standards submitted by organizations accredited by the Council as national standards where appropriate, and maintain an index of approved standards;

    • (f) provide for the identification and evaluation of the need for new standards, revisions to existing standards and additional conformity assessment services, and arrange for that need to be satisfied

      • (i) by obtaining the cooperation of organizations accredited by the Council, and

      • (ii) where that need cannot be satisfied in the manner described in subparagraph (i), by promoting the establishment or utilization of new or other organizations for that purpose;

    • (g) establish and register under the Trade-marks Act its own marks and authorize and regulate their use, subject to that Act and any agreement or arrangement between the Council and any organization accredited by it respecting the use of the marks in relation to standards developed by that organization;

    • (g.1) provide advice and assistance to the Government of Canada in the negotiation of standards-related aspects of international trade agreements;

    • (h) unless otherwise provided for by any other Act of Parliament or by treaty,

      • (i) represent Canada as the Canadian member of the International Organization for Standardization, the International Electrotechnical Commission and any other similar international organization, and

      • (ii) ensure effective Canadian participation in the activities of those organizations;

    • (i) promote, in cooperation with Canadian organizations engaged in voluntary standards development and conformity assessment, arrangements with organizations similarly engaged in other countries for the exchange of information and for cooperation in those activities, or enter into such arrangements on its own behalf;

    • (j) provide financial assistance to Canadians and to Canadian organizations concerned with voluntary standardization to assist them in meeting national and international requirements;

    • (k) collect and distribute, by electronic or any other means, information on standards and standardization activities in and outside Canada and translate that information;

    • (l) promote the use of standards approved by the Council; and

    • (m) make recommendations to the Minister on standards-related matters, including voluntary standards that are appropriate for incorporation by reference in any law, which recommendations may be included in the annual report of the Council.

    • (n) [Repealed, 1996, c. 24, s. 3]

  • Marginal note:Use of existing services and facilities

    (3) In carrying out its mandate and exercising its powers, the Council shall, to the greatest extent practicable, make use of the services and facilities of existing organizations in Canada engaged in standards development and conformity assessment and consider all alternatives before providing any new service.

  • Marginal note:Definitions

    (3.1) The definitions in this subsection apply in this section.

    conformity assessment

    évaluation de la conformité

    conformity assessment means any activity concerned with determining, directly or indirectly, that relevant requirements are fulfilled. (évaluation de la conformité)

    National Standards System

    Système national de normes

    National Standards System means the system for voluntary standards development, promotion and implementation in Canada. (Système national de normes)

  • Marginal note:Orders

    (4) The Governor in Council may, by order, designate any country for the purposes of paragraph (2)(d).

  • R.S., 1985, c. S-16, s. 4;
  • 1988, c. 65, s. 145;
  • 1993, c. 44, s. 224;
  • 1996, c. 24, s. 3.
Marginal note:Further powers

 The Council, in carrying out its mandate and exercising its powers under section 4, may

  • (a) expend, for the purposes of this Act, any money appropriated by Parliament for the work of the Council or received by the Council through the conduct of its operations;

  • (b) acquire and hold real property or immovables or any interest or right in them and dispose of that real property or those immovables or interest or right at pleasure;

  • (c) acquire any money, securities or other property by gift, bequest or otherwise, and expend, administer or dispose of any such money, securities or other property, subject to the terms, if any, on which the acquisition is made;

  • (d) publish and sell or otherwise distribute information on standardization; and

  • (e) do such other things as are incidental or conducive to the fulfilment of the mandate and the exercise of the powers of the Council.

  • R.S., 1985, c. S-16, s. 5;
  • 1996, c. 24, s. 4;
  • 2011, c. 21, s. 156.
 
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