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ESA Product Safety Regulation

On August 1, 2007 the Ministry of Government Services filed Ontario Regulation 438/07, Product Safety.

This regulation will provide ESA greater ability to deal with the safety of electrical products and equipment sold and used in Ontario.

In 2011, the federal Canada Consumer Product Safety Act (CCPSA) administered by Health Canada came into effect, outlining the responsibilities of industry across Canada for consumer product safety, including mandatory incident reporting and document retention. 

This created concurrent product safety systems (federal and provincial) for consumer electrical products in Ontario.  The ESA, the Ministry of Consumer Services (MCS) and Health Canada have been working together to address this duplication.

What Happened?

Earlier this year, MCS invited stakeholders to comment on proposed amendments to Ontario Regulation 438/07 (Product Safety), which would provide clarity and reduce regulatory duplication for industry.  

On June 26, 2013, the Ontario government amended Regulation 438/07, removing obligations for mandatory reporting to the ESA. The regulation has also been amended to include a consumer electrical product definition (consistent with the definition under the CCPSA), and to eliminate ESA’s authority to order notification to the public and require corrective action respecting consumer electrical products. 

What is ESA’s Role Now?

The ESA will continue to play an important role in managing the safety of electrical products.  The ESA will retain responsibility for pre-market approval requirements for all electrical equipment and products (including consumer electrical products) offered for sale in the Ontario marketplace, and will also retain responsibility for post-market safety oversight of industrial products.

To ensure ESA has the appropriate tools to address identified issues with pre-market approval requirements and post-market industrial products, the requirement for industry, certification bodies and inspection bodies to assist the ESA in an investigation remains unchanged, as does ESA’s authority to order products be retained or turned over if suspected to be counterfeit or unapproved.

A link to amended Regulation 438/07 will be provided once available.