Energy Efficiency Act (S.C. 1992, c. 36)

Act current to 2014-04-02 and last amended on 2009-09-21. Previous Versions

Forfeiture

Marginal note:Forfeiture on consent
  •  (1) Where an inspector has seized a thing under subsection 11(1) and the owner of the thing or the person who was in lawful possession of it at the time of the seizure consents in writing at the request of the inspector to the forfeiture of the thing, it is thereupon forfeited to Her Majesty in right of Canada.

  • Marginal note:Disposal or destruction

    (2) The Minister may dispose of or destroy a thing forfeited under subsection (1) and, if the Minister so directs, the costs of the disposal or destruction shall be paid by the owner of the thing or the person who was in lawful possession of it at the time of the seizure.

Marginal note:Forfeiture by order of court
  •  (1) Where a person is convicted of an offence under this Act and a thing seized under subsection 11(1) is then being detained,

    • (a) if the court so directs, the thing is, on the conviction and in addition to any punishment imposed for the offence, forfeited to Her Majesty in right of Canada; or

    • (b) the thing shall, on the expiration of the time for taking an appeal from the conviction or on the final conclusion of the proceedings, as the case may be, be returned to the person from whom it was seized or to any other person entitled to possession of it, on such conditions, if any, as may be imposed by order of the court and as, in the opinion of the court, are necessary to avoid the commission of any further offence under this Act.

  • Marginal note:Disposal or destruction

    (2) The Minister may dispose of or destroy a thing forfeited under subsection (1) and the costs of the forfeiture and the disposal or destruction shall be paid by the offender.

Illegal Import

Marginal note:Notice for removal
  •  (1) Where an inspector believes on reasonable grounds that an energy-using product is being or has been imported into Canada in contravention of this Act or the regulations, the inspector may, whether or not the product is seized, require the importer to remove it from Canada by delivering personally to the importer a notice for its removal or by sending the notice by registered mail to the importer’s business address in Canada.

  • Marginal note:Forfeiture

    (2) Where an energy-using product is not removed from Canada within the period specified for its removal in a notice under subsection (1) or, where no period is specified, within ninety days after the notice was delivered or sent to the importer, the product shall, notwithstanding sections 13 and 14, be forfeited to Her Majesty in right of Canada.

  • Marginal note:Disposal or destruction

    (3) The Minister may dispose of or destroy an energy-using product forfeited under subsection (2) and, if the Minister so directs, the costs of the disposal or destruction shall be paid by the importer of the product.

Third Parties

Marginal note:Protection of persons claiming interest

 Sections 74 to 76 of the Fisheries Act apply, with such modifications as the circumstances require, to a thing forfeited under section 15 or 16, or an energy-using product forfeited under section 17, as though it were a thing forfeited under subsection 72(1) of that Act.