G/TBT/2/Add.6/Rev.4  
 
18 February 2019 
(19-0942) Page: 1/3 
Committee on Technical Barriers to Trade  Original: English  
 
 IMPLEMENTATION AND A DMINISTRATION OF THE  AGREEMENT  
ON TECHNICAL BARRIER S TO TRADE  
COMMUNICATION FROM CANADA  
Revision  
The following statement under Article 15.2 of the Agreement on Technical Barriers to Trade  has been 
received from the delegation of Canada . 
 
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1.1.  Global Affairs Canada retains overall responsibility on behalf of the Government of Canada for 
the implementation of the WTO Agreement on Technical Barriers to Trade ("TBT Agreement"). 
Representations concerning Canadian implementa tion of the Agreement and requests for 
consultation should be directed to:  
Global Affairs Canada  
Technical Barriers and Regulations Division  
111 Sussex Drive  
Ottawa, Ontario  
Canada K1A 0G2  
Tel.: +(343) 203 -4243  
Fax.: +(613) 943 -0346  
Email: tpb@international.gc.ca   
Website: http://www.international.gc.ca   
 
1.2.  Under Canada's federal constitutional system, governmental powers (legislative, executive and 
judicial)  relating to technical regulations are shared among the federal government and provincial 
governments.  
1.3.  The Cabinet Directive on Regulation (the “Directive”), which came into effect on 1 September 
2018, replacing the previous Cabinet Directive on Regulator y Management, dated 1 April 2012, sets 
out the Government of Canada’s expectations and requirements in the development, management, 
and review of federal regulations. The Directive supports the Government of Canada’s commitment 
to ensure that regulations p rotect the health, safety, security, social and economic well -being of 
Canadians, and the environment. It also confirms a life cycle approach to regulation, recognizing 
that attention must be given not only to regulatory development and analysis, but also to the 
implementation, review and results of regulations. Key analytical requirements enshrined in the 
Directive include early and frequent engagement with Canadians, regulatory alignment and 
cooperation both domestically and internationally to reduce unne cessary barriers to industry and 
trade, and regular reviews of the regulatory stock to ensure that regulations continue to achieve 
their intended policy objectives. The Directive also introduces several new requirements in line with 
government priorities, including applying Gender -Based Analysis Plus, environmental impact 
analysis, and the assessment of modern treaty implications on Indigenous Peoples. The Directive is 
supported by four new policies approved by the President of the Treasury Board 
(https://www.canada.ca/en/treasury -board -secretariat/services/federal -regulatory -
management/guidelines -tools.html ). The Directive, and it s associated policies, apply to all 
regulations that are or will be registered as such under section 6 of the Statutory Instruments Act, 
made by or with the approval of the Governor in Council, the Treasury Board, or a minister of the 
Crown (refer to Secti on 2: Scope of application for more information; G/TBT/2/Add.6/Rev.4  
 
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  https://www.canada.ca/en/treasury -board -secretariat/services/federal -regulatory -
management/guidelines -tools/cabinet -directive -regulation.html#toc2 ).  
1.4.  The Treasury Board of Canada Secretariat is responsible for ensuring that the analysis provided 
by departments, agencies, and entities to which t he Directive applies is consistent with the 
commitments and directions set out in the Directive, and that the analysis effectively supports 
Cabinet decision making. The Department of Justice and the Legal Bureau of Global Affairs Canada 
are responsible for  advising on the effect of Canada's international legal obligations, including their 
implementation in domestic law. The federal Trade Law Bureau of Global Affairs Canada, is 
responsible for advising departments and agencies on Canada's trade law obligatio ns.  
1.5.  Federal departments and agencies are to comply with the Directive, its associated policies, and 
its operational requirements, as listed on the Treasury Board of Canada Secretariat's website 
(https://www.canada.ca/en/treasury -board -secretariat/services/federal -regulatory -
management/guidelines -tools.html ). Among other requirements, the Directive establishes the 
responsibility o f departments and agencies to seek advice and comply with Canada’s international 
commitments outlined in trade agreements, international agreements, and other mechanisms, 
including the TBT Agreement, and the Agreement on the Application of Sanita ry and Phy tosanitary 
Measures (" SPS Agreement ").  
1.6.  The Directive explicitly states that departments and agencies are to publish regulatory 
proposals in the Canada Gazette, Part I, to allow for a public comment period, and to then take the 
comments received into consi deration. A minimum comment period of 70 days is required for 
proposals for new and changed technical regulations that may have a significant effect on 
international trade.  
1.7.  The Standards Council of Canada (SCC) is Canada’s National Accreditation Body and National 
Standards Body and reports to the Canadian Parliament through the Ministry of Innovation, Science 
and Economic Development. The SCC accredits standards development o rganizations and conformity 
assessment bodies, including testing and calibration laboratories, inspection bodies, personnel 
certifiers, as well as organizations that certify conformity of products, processes, systems and 
services. Additionally, the SCC is the only monitoring authority in Canada that grants recognition to 
the Organisation of Economic Co -operation and Development (OECD) Good Laboratory Practice 
(GLP) program. The SCC is responsible for the oversight of Canada's national standardization 
networ k, which includes organizations and individuals involved in voluntary standards development, 
promotion and implementation in Canada. Federal, Provincial and Territorial regulatory departments 
and agencies are encouraged to use of the SCC’s accreditation fo r standards and conformity 
assessment as the basis for regulations. Annex 3 of the TBT Agreement is incorporated into the 
SCC’s Requirements & Guidance documents for the accreditation of standards development 
organizations. The work programmes of the ten s tandards development organisations accredited by 
the SCC are available directly from each organization at: 
https://www.scc.ca/en/accre ditation/standards/directory -of-accredited -standards -development -
organizations .  
1.8.  Global Affairs Canada functions as Canada's Enquiry Point and Notification Authority, a 
responsibility previously carried out by the Standards Council of Canada. Principal res ponsibilities of 
the Enquiry Point and Notification Authority include: responding to technical enquiries from other 
Members regarding domestic regulations, standards and conformity assessment procedures as well 
as fulfilling notification obligations under the TBT Agreement. Canada's Enquiry Point and Notification 
Authority can be reached at the following address:  
Canada's Enquiry Point and Notification Authority  
Global Affairs Canada  
Technical Barriers and Regulations Division  
111 Sussex Drive  
Ottawa, Ontario  
Canada K1A 0G2  
Tel.: +(343) 203 -4273  
Fax.: +(613) 943 -0346  
Email:  ENQUIRYPOINT@international.gc.ca  (English)  
POINTDINFORMATION@international.gc.ca  (French)  
Website:  http://www.international.gc.ca  G/TBT/2/Add.6/Rev.4  
 
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  1.9.  The Cabinet Directive on Regulation and its Annex are available in English and French at:  
https://www.canada.ca/en/treasury -board -secretariat/services/federal -regulatory -
management/guidelines -tools/cabinet -directive -regulation.html  
https://www.canada.ca/fr/secretariat -conseil -tresor/services/gestion -reglementation -
federale/lignes -directrices -outils/directive -cabinet -reglementation.html  
http://members.wto.org/crnattachments/2019/TBT/CAN/19_0870_00_e.pdf  
http://members.wto.org/crnattachments/2019/TBT/CAN/19_0870_00_f.pdf  
 
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