GEN-04—Policy on the conditional approval of devices

Category: General
Issue date: 2025-11-07
Effective date: 2025-11-07
Revision number: 4
Supersedes: GEN-04 (rev. 3)

1.0 Purpose

The purpose of this bulletin is to:

establish Measurement Canada’s (MC) policy on the conditional approval of devices, including devices that incorporate technologies not covered by the existing specifications,
specify the terms and conditions under which notices of conditional approval (NOCAs) are issued, and
provide guidelines for proper disclosure of conditional approvals and notification of the installation of conditionally approved devices before these devices are inspected and used in trade.

2.0 Scope

This bulletin applies to the conditional approval of devices granted under the Weights and Measures Act (WMA) and the Electricity and Gas Inspection Act (EGIA).

3.0 References

4.0 Definitions

Dealer
(fournisseur)

Any person who in the course of that person’s business sells, consigns, imports, leases or lends devices.

Device
(appareil)

A device or component that is subject to the Weights and Measures Act or a meter or apparatus that is subject to the Electricity and Gas Inspection Act.

Inspection
(inspection)

An examination in accordance with the Weights and Measures Act or a verification or reverification in accordance with the Electricity and Gas Inspection Act.

Inspector
(inspecteur)

A Measurement Canada inspector or a recognized technician employed by an authorized service provider.

5.0 Terms and conditions and provisional specifications

In order to approve devices that incorporate technologies not covered by existing specifications in a timely manner, MC’s Legal Metrology and Laboratory Services (LMLS) may evaluate the devices subject to the WMA against existing terms and conditions and the devices subject to the EGIA against existing provisional specifications. Terms and conditions established under the WMA and provisional specifications established under the EGIA are authorized by the President of MC and published on MC’s website. All devices that are approved under terms and conditions are issued a NOCA. The terms and conditions of approval must also be specified in certain NOCAs. The provisional specifications under which devices subject to the EGIA can be issued a NOCA are listed in Appendix A.

When a new type of device is submitted for approval, LMLS may, in consultation with the approval applicant and other affected parties, develop terms and conditions (for devices subject to the WMA) or provisional specifications (for devices subject to the EGIA) applicable to the subject device in order to allow for its approval and inspection. New devices will be evaluated and tested for compliance against these new requirements. Devices found to comply with these new requirements will be temporarily approved and issued a NOCA pursuant to subsection 3(2) of the WMA or to subsection 9(4) of the EGIA and section 15 of the Electricity and Gas Inspection Regulations.

Conditional approvals granted under the WMA remain in effect until new specifications have been formally adopted through the regulatory process. Conditional approvals granted under the EGIA remain in effect until the provisional specifications have been revised by MC, undergone public consultation with industry participation, finalized and authorized by MC as a specification. Devices that have been conditionally approved may require modifications to meet the requirements of new specifications once they come into effect.

Certain devices may be too large for MC’s laboratory facilities or may require a complex installation. In such cases, MC may not be able to fully evaluate the devices and will issue a NOCA under a condition limiting the number of devices to be installed. Upon the expiry date of the NOCA, the devices must be fully evaluated by MC for compliance with all the requirements of the new specifications in order to be granted full approval, in which case a notice of approval without conditions is issued.

6.0 Notices of conditional approval

MC issues 3 types of NOCAs:

Type C conditional approval
The device type, or one or more of its functions, is subject to the terms and conditions established under the WMA or the provisional specifications established under the EGIA. The device type has been evaluated by LMLS and is found to be compliant. The NOCA will expire upon adoption of the terms and conditions or provisional specifications as new specifications, unless otherwise stipulated under transitory measures announced at the time the new specifications come into effect. Devices installed for use in trade and initially inspected under a conditional approval may require subsequent modifications by the applicant or dealer to comply with the adopted specifications or any revised terms and conditions. Refer to section 7.0 for details.
Type D conditional approval
The device type cannot be properly evaluated by LMLS before being put into service and LMLS determines that a limited number of samples of the device type must be installed for use in trade in order to complete the evaluation for approval. The NOCA and all associated inspection certificates will expire on the date stated in the NOCA, unless the evaluations are successfully concluded before the expiry date and a permanent approval is granted, or an extension of the conditional approval is authorized in writing by LMLS. Refer to section 8.0 for details.
Type N conditional approval
The device type is subject to the WMA and incorporates technologies not covered by existing specifications or terms and conditions. The device type has been evaluated by LMLS and is found to be compliant. The NOCA will clearly indicate the terms and conditions under which the approval is granted. The NOCA expires upon the adoption of formal terms and conditions or specifications, unless otherwise stipulated under transitory measures announced at the time the specifications or terms and conditions come into effect. Devices installed for use in trade and initially inspected under a conditional approval may require modifications by the applicant or dealer to comply with the adopted specifications or revised terms and conditions. Refer to section 9.0 for details.

7.0 Type C conditional approvals

Device types that are subject to the terms and conditions established under the WMA or the provisional specifications established under the EGIA that are referenced in Appendix A are granted a conditional approval if they are found to comply with all relevant requirements. If a device type is conditionally approved, a type C NOCA is issued.

The type C NOCA will prescribe the terms and conditions under which the conditional approval is granted, including:

the title and effective date of the terms and conditions established under the WMA, the provisional specifications established under the EGIA or other approval standard used to evaluate the device type,
a statement to the effect that the NOCA will expire upon adoption of the terms and conditions or provisional specifications as new specifications, and that no further devices will be authorized to be placed into service unless permitted by transitory measures announced at the time the specifications come into effect, and
a statement to the effect that devices installed and initially inspected against the conditional approval may require subsequent modifications by the approval applicant or dealer in order to comply with the adopted specifications, if these differ from the terms and conditions established under the WMA or provisional specifications established under the EGIA.

A type C NOCA is identified by the letter C appended to the NOCA number (e.g. A*-1234C).

8.0 Type D conditional approvals

Device types that are too large or require a complex installation in order to be fully tested may be granted a conditional approval by LMLS if it determines that the device meets all requirements that can be evaluated prior to installation. The requirements against which a device type is evaluated prior to installation may be limited to those related to markings and sealing, and may require physical testing of a sample of the device type, or some of its components. If a device type meets all of the requirements evaluated prior to installation, a type D NOCA is issued.

The decision of whether or not a type D NOCA is appropriate for a given device rests solely with LMLS. Not all devices are suitable for type D NOCAs. An example of an unsuitable device is one used for continuous metering.

Type D conditional approvals are granted by MC on a temporary basis, for the period of time required to install the device and perform full approval testing. Type D NOCAs are typically granted for a single device and not the device type as a whole. Type D NOCAs can be upgraded to either a full type approval or a type C conditional approval once MC has determined that the device type meets all the requirements. Once a type D NOCA has been upgraded, the restriction on the number of devices is removed as the entire type is approved.

A type D NOCA specifies the terms and conditions under which the conditional approval is granted and the expiry date. The terms and conditions include:

a statement to the effect that any non-compliance with the regulations and specifications that govern the conditional approval will be resolved by the approval applicant or dealer;
a statement to the effect that final non-conditional approval is contingent on the results of in situ approval testing of the device in service, and that it's the responsibility of the approval applicant or dealer to request a final approval and pay all associated costs;
a statement to the effect that the approval applicant (or dealer) is required to disclose to the trader, in writing, the terms and conditions prescribed in items a. and b. above, prior to concluding the sale of the device;
a statement to the effect that the device is no longer approved for use in trade after expiry of the NOCA, unless an extension is authorized in writing by LMLS;
a statement indicating the number of devices permitted to be installed for use in trade or a statement listing the specific devices, by serial number and installation location, permitted to be installed for use in trade.

A device for which a type D NOCA is issued may be subject to the terms and conditions established under the WMA or the provisional specifications established under the EGIA. In this case, the type D NOCA will also include the information required in a type C NOCA.

A type D NOCA is identified by the letter D appended to the NOCA number (e.g. A*-1234D). In the approval applicant's copy of a type D NOCA, the approval number will be listed as "TBD" (to be determined). The final approval number will be provided to the approval applicant once a type C NOCA or NOA has been issued.

8.1 Written disclosure of the terms and conditions of type D notices of conditional approval

Prior to concluding the sale of a device for which a type D NOCA has been issued, the approval applicant or dealer must disclose, in writing, to the trader who is considering purchasing the device certain conditions prescribed in the NOCA, in accordance with item 8.0 c).

LMLS will provide a disclosure notification template to the approval applicant or dealer for this purpose. The document must be signed by the applicant or the dealer, and the trader prior to the sale of the device. The approval applicant or dealer must retain the original signed document and send a copy to LMLS.

8.2 Written notification of the installation of devices covered by a type D conditional approval

In addition to disclosing information about a type D conditionally approved device to the trader, the approval applicant or dealer must notify LMLS, in writing, prior to the installation of such a device for use in trade, unless it is already listed in the NOCA.

For this purpose, the approval applicant or dealer must provide the following information in the disclosure notification:

The installation location;
The model and serial number of the device to be installed;
All relevant information regarding the device (e.g. capacity, deck length, flow rate, number of load cells used per weighbridge).

8.3 Completion of the approval process

Once a type D NOCA is issued, a bill will be sent to the approval applicant or dealer for the services rendered up to that point.

In order to remove the type D conditions from the NOCA, the approval applicant must request a revision of the NOCA when the device is installed and ready to be inspected. Upon successful completion of testing, a new notice of approval or a type C NOCA will be issued without the type D conditions. This testing is typically done at the same time as the initial inspection.

8.4 Initial inspection of devices that have been granted a type D conditional approval

Initial inspections of devices that have been granted a type D approval can only be carried out by MC personnel and must be scheduled with LMLS.

Before scheduling an initial inspection of such a device, the approval applicant or dealer must contact LMLS to determine if they need to apply for a revision of the initial type D NOCA. This must be done at least two months before the desired inspection date. LMLS may refer the applicant to an inspector for scheduling. A representative from LMLS (or a delegate) and an inspector will be present during the initial inspection of the device if a revision of the type D conditional approval is needed. LMLS may choose an inspector to act as their delegate.

Before an initial inspection of the device is scheduled, inspectors will determine if disclosure of the device's conditional approval and notification of the device's installation have occurred. Inspectors do this by requesting a copy of the written disclosure from the approval applicant or dealer and confirm that LMLS has received notification of the subject device's installation. The initial inspection will not be scheduled until this has been confirmed.

Upon completing the initial inspection of a device, the representative from LMLS (or the delegate) ensures that the test results are complete and satisfactory and returned to LMLS. They also make the test results available to the inspector for the purposes of issuing the certificate.

The inspection certificate will include the following statement indicating the final approval number provided by LMLS: “The inspected device with model number [insert number] is covered by approval number [A*-####?].”

8.5 Additional testing of devices that have been granted a type D conditional approval

In some circumstances, LMLS will need to perform additional testing of a conditionally approved device after a period of use in trade. The device may be used in trade while still covered by a type D NOCA after it has been initially inspected. This may apply even when additional testing is required by LMLS before issuing a final non-conditional approval.

The dealer must inform the trader that while the device is still legal for use in trade, it's conditionally approved until its evaluation has been completed by LMLS.

9.0 Type N conditional approvals

Devices subject to the WMA for which there are no existing specifications or terms and conditions may be granted a conditional approval, in which case a type N NOCA is issued. Not all devices are suitable for type N NOCAs. The decision of whether or not a type N NOCA is appropriate for a given device rests solely with LMLS. An example of an unsuitable device is one that cannot meet the generic requirements that all devices must meet, or one that cannot measure sufficiently accurately to satisfy the commodity tolerances prescribed in the WMA.

When the approval applicant applies for approval, MC will determine what requirements the device must satisfy in order to be approved. All terms and conditions will be consistent with the requirements in the Weights and Measures Regulations. The requirements will be referred to in the type N NOCA as terms and conditions, pursuant to subsection 3(2) of the WMA. Although MC will discuss these terms and conditions with the applicant during the approval process, the decision regarding which terms and conditions to use rests solely with MC.

It is not possible to provide the terms and conditions in advance because these devices have never been evaluated for approval by MC. The terms and conditions, including the limits of error, indicated in a type N NOCA will typically be consistent with the requirements that apply to most other devices, especially those that apply to similar devices.

A device for which a type N NOCA is issued may be subject to the terms and conditions established under the WMA. In this case, the type N NOCA will also include the information required in a type C NOCA.

If the device is found to comply with the terms and conditions specified by MC, a type N NOCA is issued. A type N NOCA is signed by the President of MC at the recommendation of LMLS.

The type N NOCA will prescribe the terms and conditions, including the limits of error, under which the conditional approval is granted, including the following:

The title and effective date of the terms and conditions established under the WMA or other approval standard used to evaluate the device, where applicable.
A list of the specific conditions under which the device was evaluated, where item a) above is not applicable.
A statement to the effect that the NOCA will expire upon adoption of the terms and conditions or provisional specifications as new specifications, and that no further devices will be authorized to be placed into service unless permitted by transitory measures announced at the time the specifications come into effect.
A statement to the effect that devices installed and initially inspected against the conditional approval may require subsequent modifications by the approval applicant or dealer in order to comply with the adopted specifications, if these differ from the terms and conditions established under the WMA.

If a device that is suitable for a type N NOCA is too large or requires a complex installation in order to be fully tested, that device will be issued a type D NOCA with the relevant information required for a type N NOCA. Upon successful completion of all testing, the type D NOCA will be upgraded to a type N NOCA.

A type N NOCA is identified by the letter N appended to the NOCA number (e.g. A*-1234N).

Type N NOCAs are published on MC’s website so that the terms and conditions of approval are accessible to all stakeholders.

Initial inspections of devices that have been granted a type N approval are performed only by MC personnel and are scheduled in collaboration with LMLS.

10.0 Revisions

The purpose of revision 4 was to:

include content that was removed from bulletin GEN-06 regarding the development of terms and conditions and provisional specifications (new section 5.0 and appendix A);
update the text to reflect changes to MC’s organizational structure and make editorial changes;
clarify some aspects of the type D conditional approvals;
add requirements for the type N conditional approvals, and
update the formatting in accordance with current publishing requirements.

The purpose of revision 3 was to:

change the title of the bulletin;
change the scope to allow for type D conditional approvals of meters subject the Electricity and Gas Inspection Act;
update the requirements for initial inspections to more accurately reflect the current practice; and
make editorial changes to the text.

The purpose of revision 2 was to:

change to the numbering convention for conditional approvals based on the type of NOCA that is issued (i.e. type C or D);
clarify that type D conditional approvals apply to devices subject to the Weights and Measures Act and Regulations only;
remove any reference to approval verifications during the initial inspection of devices with a type D NOCA;
indicate that a representative from the ELSD (or a delegate) must be present during the initial inspection of devices for which a type D NOCA has been issued, and that it's the representative's responsibility to ensure that the test report and inspection certificate are returned to the laboratory;
remove any reference to document S-A-01:2002;
replace the term "authorized draft specifications" with "Terms and Conditions of the Weights and Measures Act or Provisional Specifications of the Electricity and Gas Inspection Act";
expand the definition of "inspector" to include recognized technicians employed by authorized service providers;
make format changes to align with other bulletins; and
make editorial changes to the text.

The purpose of revision 1 was to:

indicate the reasons for issuing conditional approvals;
address devices and meters which fall under the purview of both the Weights and Measures Act and the Electricity and Gas Inspection Act;
specify certain terms and conditions to be included in notices of conditional approval;
clarify the circumstances where disclosure to the trader of the terms and conditions of a device's NOCA is required;
add steps to improve the manner in which Measurement Canada deals with notices of conditional approval; and
make editorial changes to the text.

Appendix A—Authorized conditions and provisional specifications

Devices subject to the EGIA that are evaluated and approved under the provisional specifications listed below are granted a conditional approval only.

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