The Canadian Electrical Safety System: A Case Study
ELECTRICAL SAFETY SYSTEM WORKSHOP
Riyadh, Saudi Arabia
February 16 – 17, 2016
Presented by Maria Iafano
Director, UL Standards - Canada
Underwriter’s Laboratories (UL)
Outline
General Overview
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UL Global Footprint
UL Global Standards Development Organization
Canada & Ontario Background
Regulatory Framework in Canada
Case Study: Ontario Regulatory System and Use of Codes & Standards
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Electrical Safety System
Electrical Safety Authority
Electrical Safety Framework
Types of Regulations, Codes & Standards
Benefits of Standards
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UL Global Footprint 2014
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UL Standards Development - Overview
• UL Standards is part of Underwriter’s Laboratories Inc.; a not-for-profit entity with
a public safety mission.
• UL has been developing standards for over 110 years (since 1903).
• Published over 1,507 standards and Outlines of Investigation within the UL Family
of Companies.
• Of the 250+ SDOs accredited by the American National Standards Institute (ANSI),
UL is one of the largest in the US.
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UL Standards By the Numbers 2014
1,507
CURRENT
STANDARDS
PUBLISHED BY THE UL FAMILY OF
COMPANIES
OVER
3,200
STP MEMBERS
30+
COUNTRIES
ACTIVELY PARTICIPATING IN STANDARDS
DEVELOPMENT
REPRESENTED ON STPs
OVER
7,895
PROPOSALS
REVIEWED
BY UL STP MEMBERS
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14,000
CSDS USERS
COLLABORATIVE STANDARDS
DEVELOPMENT SYSTEM
600+ ACTIVE STPs
DEVELOPING AND MAINTAINING
STANDARDS
Accredited as an SDO for Canada
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In February 2013, UL was accredited by the Standards Council of Canada (SCC) as a
Standards Development Organization (SDO) for Canada.
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UL’s accreditation allows us to develop National Standards of Canada (NSCs).
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Required to meet all Canadian requirements; audited annually by SCC on our processes.
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Supports UL’s Mission & commitment to public safety:
To develop and maintain standards
that improve the safety of living and working
environments around the world.
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Consensus Process used by UL Standards Development
• UL’s process is accredited by both the American National Standards Institute (ANSI) and the
Standards Council of Canada (SCC).
• UL standards are developed by means of Standards Technical Panels (STP’s) (Technical
Committees).
• STP’s consist of various interest groups such as consumers, regulators, manufacturers, safety
organizations, academia, government, users, test houses, etc.
• UL’s procedures also align with the November 2000 WTO TBT Committee’s decision on
international standards.
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Benefits for Stakeholders
 A new mechanism for fully harmonized Joint standards for U.S. – Canada without delays associated
with coordinating SDOs;
 Streamlining of resources will lower standards development costs allowing one joint committee;
reducing effort, resources and time.
 Increased harmonization will reduce additional testing requirements, lower manufacturing costs,
with less retooling and greater efficiencies for industry;
 Innovation/ Market Access: 1st Edition standards created concurrently for Canada/U.S. will allow
new technology quicker access reducing lags and stimulating innovation.
 Allow updates to safety standards to be harmonized at a quicker pace, closing gaps in safety
between Canada and the US once an issue is identified.
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Canada Background
Canada
Population:
35,851,800
(Statistics Canada, 2015 )
Population Density:
3.5 people /sq. km
39th largest by population
Area of Canada:
9,984,670 sq. km
(3,855,100 sq. miles)
(Natural Resources Canada, 2001
Size:
Canada’s 2nd largest country in the world,
after Russia
Canada Background
• Canada is a federal parliamentary democracy
made up of:
− 10 provinces
− 3 territories
• Canada is officially bilingual (English & French)
at the federal level.
• Canada has a cold winter climate, but southerly
areas are warm in the summer.
• Canada and the United States share
the longest border in the world.
Ontario Background
Ontario
Population:
13,792,100
(Statistics Canada, 2015)
Area of Ontario:
1,076,395 sq. km
(415,598 sq. miles)
(Natural Resources Canada)
Size & Density:
Canada’s 2nd largest province
1 in 3 Canadians live here
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Regulatory Framework in Canada
• Canadian regulatory framework includes:
• Federal government :
• Rules that apply across Canada (e.g., criminal code)
• Same rules for all provinces and territories
• Provincial/Territorial government:
• Rules that apply in each province (e.g., electrical safety)
• Rules may be different in each province / territory
• Municipal government:
• Rules that apply for each city/region within a province / territory
• Rules will vary between cities (e.g., building bi-laws)
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Canadian Electrical Safety System
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Highly regulated sector in Canada
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Based on national model Canadian Electrical Code (CEC)
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Incorporates standards by reference and prescriptive Code requirements
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Developed through national standards system
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Based on the National Electrical Code of the United States
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Falls within provincial jurisdiction through adoption of CEC into provincial regulation
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Incorporates by reference national product standards (developed by Standards
Development Organizations (SDOs) such as UL)
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Relies on similar trade jurisdiction across Canada
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Regulatory Framework
• Each provincial/territorial jurisdiction regulates all aspects of
electrical safety in their province/territory:
• People: licence the businesses that undertake electrical work & issue trade
licenses to the individuals that undertake the electrical work (electricians,
linesmen)
• Places: inspect all electrical installations & oversee safety of the electricity
distribution system
• Things: approve all the electrical equipment and products used in electrical
installations
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CASE STUDY: Ontario Legislation & Regulations
ELECTRICAL SAFETY SYSTEM
Electrical Safety Authority (ESA)
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Formerly Ontario Hydro’s Electrical Inspection Department
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Established as separate Corporation in April 1999
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One of the largest “Authorities Having Jurisdiction” (AHJ) in North America for electrical
safety
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Private, not for profit, public safety organization and arm’s length from the government
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Fully self – funding (cost recovery) from industry/consumers
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Delegated authority by the provincial government for Part VIII of the Electricity Act, 1998
& Regulations
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DAA Model
• In 1997, the government initiated a new alternative service delivery business model
known as the delegated administrative authority model (DAA) model
• Scope for this model only included mature industries and with a strong record in
customer services, safety, and strong leadership within the industry
• The model leaves the government responsible for the legislation, and the delegated
organization responsible for administering the regulations and the day-to day operations
• There are several delegated authorities, including the Electrical Safety Authority
(ESA)
in Ontario (RECO, TICO, TSSA, TARION, RHRA, RHRA)
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Mandate/Scope
• Ontario-wide mandate regulating the safe use of electricity and equipment
• ESA establishes and enforces Ontario’s electrical safety standards and regulations:
− Electrical wiring installations OESC (Reg. 164/99)
− Utility Regulations (Reg. 22/04)
− Electrical Contractor Licensing (Reg. 570/05)
− Electrical equipment and product safety (Reg. 438/07)
• Safety organization whose vision is an Ontario free of electrical fatalities, serious
injury, damage and loss
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Regulatory Framework
• ESA regulates all aspects of electrical safety in the province of
Ontario:
• People: licence the businesses that undertake electrical work (they must
employ tradespeople who are qualified (electricians, linesmen)
• Places: inspect all electrical installations
• Things: approve all the electrical equipment and products used in electrical
installations & oversee the safety of the distribution system in Ontario
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Canadian Electrical Code
• The Canadian Electrical Code (CEC) first issued 1927:
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developed by an independent Standards Development Organization (SDO) accredited by SCC
consensus based process set out by Standards Council of Canada (SCC)
modeled after an internationally recognized standards setting process (WTO TBT/IEC)
Based on the National Electrical Code (NEC) developed by NFPA in the United States.
• Made up of 4 Parts:
• Part I: Electrical Installation Code includes: 45 sections (or chapters), just over 4300 electrical installation
specific rules.
• Part II: Standards for construction, testing & making of electrical equipment including: Consumer,
Commercial, Industrial, and Wiring products
• Part III: Outside Wiring (generation, transmission, distribution standards)
• Part IV: Objective Based Industrial Code (not currently adopted in Canada)
• Part I of the CEC is updated every 3 years.
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Ontario Electrical Safety Code, Ontario Regulation 164/99
• The Ontario Electrical Safety Code (OESC) is adopted into law by reference through Reg.
164/99; a Ministerial Regulation (Minister of Government and Consumer Services).
• The OESC is made up of the Canadian Electrical Code and any Ontario specific
Amendments.
• Ontario specific amendments are developed by ESA and its stakeholder committee, the
Ontario Provincial Code Committee (OPCC), a balanced group of technical experts modeled
after the national process.
• The Ontario-specific rules include both technical and administrative amendments to
the CEC. In most cases, the Ontario amendments exceed the requirements of the CEC.
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Ontario Electrical Safety Code, Ontario Regulation 164/99
• This regulation deals with Part I of the CEC.
• Objectives of the regulation are:
• To establish safety standards for the installation and maintenance of electrical equipment;
• To create a harmonized set of standards that can be used across all the provinces and
territories;
• To allow for a similar inspection regime across provinces that provides the same level of
safety; and
• To provide prescriptive rules for the electrical trade to ensure a consistent level of
safety.
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Ontario Electrical Safety Code, Ontario Regulation 164/99
• Regulation Features:
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It is forward looking – not retroactive
It includes prescriptive installation/technical requirements based on the model code
It relies on regulatory inspection by regulator (authority having jurisdiction)
It permits audits for a select group of preauthorized contractors based on
performance history (in Ontario limited Compliance assurance - audit and
declaration of compliance)
Oversight of Electricity Sector in Ontario
REGULATOR
Electrical Safety
Authority
Ontario Energy
Board
SCOPE
Electricity Act Part VIII,
Regulations, SCSAA,
Guidelines
Electricity Act, OEB Act,
Energy Consumer
Protection Act,
Regulations, Rules,
Guidelines, Conditions of
Licences
MANDATE
REGULATED ENTITIES
• Safety of private distribution
assets through Section 75 of OESC
• Safety of OEB Licensed electricity
LDC assets through Regulation
22/04
• Safety unlicensed generators
 Distributors
licensed by OEB
 Private distribution
infrastructure
Owners
 Private asset owners
not licensed by
the OEB or IESO
• Adequacy, reliability & quality
• Efficiency, fairness, transparency
and competitiveness
• Use of renewable energy sources
• Licensing of market participants
• Conservation & demand mgmt
 Generators
 Transmitters
 Distributors
 Retailers &
Wholesalers
 IESO
 OPA
 Sub-meterers
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Ontario’s Market Structure
As of March 31, 2015, the OEB had issued:
82
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441
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Electricity Distributor licences; 2 pending
Electricity Transmitter licences; 1 pending
Electricity Generator* licences in total; 5 pending, of which:
215 Electricity Generator licences
156 Feed-in Tariff Program licences
70 Standard Offer Program licences
Electricity Storage licence
* Generators whose capacity is 500 kilowatts or less are exempt from the need to obtain a generation licence.
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Electrical Distribution Safety, Ontario Regulation 22/04
• Distribution Safety Regulation was passed in 2004
• It establishes a minimum standard for safety performance standards that should apply across the Province
to all 80+ licensed electricity distribution companies (LDCs)
• It offers distribution companies options for achieving compliance
• Objectives of the regulation are:
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To identify consistent province-wide set of performance standards;
To ensure appropriate compliance assurance mechanisms are in place;
To build upon 100 year history of the industry;
To allow flexibility in approach among distribution companies; and
To recognize the established safety record of the industry.
Electrical Distribution Safety, Ontario Regulation 22/04
• This regulation deals with Part III of the CEC.
• Regulation Features:
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It is forward looking – not retroactive
It includes performance based safety standards
It relies on professional engineer certification
Self-verification and inspection
Compliance assurance - audit and declaration of compliance
Contractor Licensing, Ontario Regulation 570/05
• The Contractor Licensing Regulation was passed in 2005 and made the licensing of
electrical contractors and master electricians mandatory by January 1, 2007.
• Objectives of the regulation are:
• To replace an uneven patchwork of municipal licensing requirements;
• To eliminate a potential gap in public safety;
• To increase consumer protection;
• To create a level playing field for electrical contractors; and
• To address the underground economy.
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Contractor Licensing, Ontario Regulation 570/05
• This regulation deals with businesses that undertake installations under Part I
of the CEC.
• Regulation Features :
• It includes prescriptive performance requirements based on Ontario specific legislation
• It relies on a nationally harmonized trade jurisdiction (certificate of qualification) that
tests on the national model electrical code (CEC)
• Requires regulator approval and verification
• Compliance assurance - audit and declaration of compliance
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Management of Electrical Product Safety
• Shared jurisdiction for electrical product safety between federal and
provincial/territorial governments.
• Historically managed by provinces/territories through adoption of Part II
of CEC with mandatory approval.
• Federal Hazardous Products Act never excluded consumer electrical
products but Health Canada deferred electrical product safety issues to
the provinces/territories because they mandate electrical safety
standards through adoption of CEC.
• New federal Canada Consumer Product Safety Act (CCPSA) includes
reporting but does not mandate approval of electrical products.
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Federal = Health Canada
CCPSA
Provincial = ESA
OESC
Roles & Authorities
Provincial Government (ESA)
Pre-market approval for all electrical products
Federal Government (Health Canada)
Provincial Government (ESA)
Post Market Management of Industrial Product Safety
Post Market Management of Consumer Product Safety
• All pre-market approval (3rd Party Certification)
• Management post-market product safety for industrial
and commercial products (Validate, Risk assessment,
• Mandatory reporting for consumer electrical products
• Management of post-market safety for consumer
products (Validate, Risk assessment, Corrective action, Public
Corrective action, Public notification, Monitoring)
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Education
Awareness
Enforcement
Standards development
notification, Monitoring)
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Education
Awareness
Enforcement
Some standards development
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Product Safety , Ontario Regulation 438/07
• Product Safety Regulation was passed in 2007, amended in 2013 to remove reporting obligations after the
federal CCPSA came into effect in 2011.
• New Requirements under the Regulation:
• Product suspension/revocation of approval process
• Revocation of recognition of CBs and FEs
• Requirements for public notice
• Requirement to assist ESA in investigations
• Order for devices to be retained or preserved
• Requirements for corrective action are dealt with through the authority under the Electricity Act (s. 113 (11)
order making authority).
• **The federal government manages most issues related to recalls of products.
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Product Safety, Ontario Regulation 438/07
Product
Safety
3rd Party
Conformity
Reporting of
Incidents
Public
Notification
Corrective
Action
Enforcement
Objectives of the Regulation are:
To ensure that products do not present a serious product hazard;
To ensure that electrical products are approved by the regulator based on 3rd party certification;
To increase accountability for the safety of products offered for sale;
To facilitate public notification—of unsafe products that pose a risk to consumers;
To support that appropriate corrective action is undertaken when an approved product is subsequently
found to be unsafe; and
• To support the detection and elimination of counterfeit products.
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Product Safety , Ontario Regulation 438/07
• This regulation deals with Part II of the CEC.
• Regulation Features:
• Replicates portions of CEC: product approval process, prohibition regarding use of
unapproved products, and prohibition regarding selling of unapproved products
• Relies on the national standards system
• Incorporates national standards by reference
• Relies on 3rd party conformity assessment process
• Compliance assurance – recognized marks of conformity
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Rationale for Use of Standards and 3rd Party Conformity
• Why standards and 3rd Party Conformity are essential to regulatory system:
• Need for consistency given provincial versus federal jurisdiction
• Allows for flexibility to respond to local differences (provincial deviations)
• facilitates the importation of goods and a national conformity assessment system for
electrical products
• Reduces costs to the regulator because Canada is an importer of electrical products
• Allows for different approaches based on the type of entity being regulated
• Facilitates adoption of new technologies and innovation
• Facilitates harmonization across jurisdictions
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Overall Benefits of Standards
• Allows greater harmonization across country and with other countries
• Allows flexibility to make changes where appropriate
• Reduce costs to regulation development
• Approach reflects views of all regulated/affected stakeholders
• Allows flexibility to adapt to changes in the sector, new technology
• Facilitate importing/exporting of electrical products and equipment
• Facilitates labour mobility
• Increases predictability and consistency in the marketplace
• Reduces compliance costs for industry
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QUESTIONS??
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