Sec. 79—Accreditation of ELD Certification Bodies

Any person or body that wishes to be accredited as a certification body for the purpose of certifying an ELD model as meeting the requirements set out in the Technical Standard and these Regulations must apply for the accreditation, in writing, to the Minister and must undergo an assessment to verify

(a) their compliance with the International Organization for Standardization standard ISO/IEC 17065, entitled Conformity assessment — Requirements for bodies certifying products, processes and services, as amended from time to time;

(b) their knowledge with respect to the certification of ELDs in accordance with the Technical Standard; and

(c) the validity of their certification methodology and the validity of the results of that methodology.

SOR/2019-165, s. 25SOR/2020-240, s. 3

79.1 (1) If the Minister is satisfied that the applicant meets the requirements of paragraphs 79(a) to (c), he or she must accredit the applicant, provide them with an accreditation number and notify them in writing of the period of validity referred to in subsection (2).

(2) The accreditation of a certification body is valid for five years beginning on the day on which the Minister accredits the applicant.

SOR/2019-165, s. 25

79.2 (1) An accredited certification body must assign a certification number to every ELD model that meets the requirements set out in the Technical Standard and these Regulations.

(2) An accredited certification body must, within seven days after certifying an ELD model, provide the Minister with the following information about that ELD model:

(a) the model name;

(b) the model number;

(c) the model's software version;

(d) the name of the model manufacturer;

(e) the email address of the contact person for the model manufacturer; and

(f) the certification number that was assigned to the model.

SOR/2019-165, s. 25

79.3 (1) Subject to subsection (2), the Minister must suspend the accreditation of a certification body if it does not meet any of the requirements of paragraphs 79(a) to (c) or of section 79.2.

(2) The Minister must not suspend an accreditation unless the certification body

(a) was provided with a written report that sets out the grounds for the suspension and the period within which remedial actions must be taken in order to avoid the suspension; and

(b) has failed to take corrective actions within that period or, if the Minister granted an extension at the written request of the certification body, within any later period specified by the Minister.

(3) The Minister may grant an extension of the period in which corrective actions must be taken only once.

(4) The Minister must notify the certification body in writing of the suspension and the date on which it takes effect.

(5) The certification body must provide the Minister, within 15 days after the day on which the suspension takes effect, with a list of pending applications for certification.

(6) The suspension of an accreditation must be lifted if the Minister determines that corrective actions have been taken.

SOR/2019-165, s. 25

79.4 (1) The Minister must cancel an accreditation if the certification body

(a) fails to take corrective actions within 30 days after the day on which the accreditation was suspended;

(b) made a false or misleading statement to the Minister - or provided the Minister with false or misleading information - in respect of the application made under section 79 or at any time during the period of validity of the accreditation; or

(c) continues, while their accreditation is suspended, to accept applications or make decisions respecting certification.

(2) The Minister must not cancel an accreditation unless the certification body was notified in writing of the grounds for the cancellation and was provided with an opportunity to be heard in respect of the cancellation.

(3) The Minister must notify the certification body in writing of the cancellation and the date on which it takes effect.

SOR/2019-165, s. 25