Energy Efficiency Regulations, 2016 (SOR/2016-311)

Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  Act

  Act means the Energy Efficiency Act. (Loi)

  adhesive tag

  adhesive tag means a label that is attached to an energy-using product by at least two strips of adhesive that are located on opposite edges of the label. (étiquette adhésive)

  AHRI

  AHRI means the Air-Conditioning, Heating and Refrigeration Institute. (AHRI)

  ANSI

  ANSI means the American National Standards Institute. (ANSI)

  ASHRAE

  ASHRAE means the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. (ASHRAE)

  CGA

  CGA means the Canadian Gas Association. (ACG)

  CIE

  CIE means the International Commission on Illumination. (CIE)

  CSA

  CSA means the Canadian Standards Association. (CSA)

  flap tag

  flap tag means a label whose top edge is attached to an energy-using product by one strip of adhesive. (vignette)

  hang tag

  hang tag means a label that is attached to an energy-using product by material that is looped around a section of the product so that the label hangs freely from the product. (étiquette volante)

  household

  household means manufactured or sold primarily for use in a dwelling. (domestique)

  IEC

  IEC means the International Electrotechnical Commission. (CEI)

  IEEE

  IEEE means the Institute of Electrical and Electronics Engineers. (IEEE)

  IES

  IES means the Illuminating Engineering Society of North America. (IES)

  mains power

  mains power means an alternating current electric power source that is in a building and is less than or equal to a nominal 240-volt single-phase supply. (alimentation principale)

  model number

  model number means, in respect of any model of an energy-using product, the designator that is assigned to that model for the purposes of these Regulations and that distinguishes it from similar models. (numéro de modèle)

  NEMA

  NEMA means the National Electrical Manufacturers Association. (NEMA)

  unique motor identifier

  unique motor identifier means an identifier consisting of the information set out below, in the following sequence:

  • (a) the name of the manufacturer, in abbreviated form;

  • (b) the nominal power of the motor, expressed in kilowatts for an IEC design motor or in horsepower for a NEMA design motor;

  • (c) the number of poles; and

  • (d) a statement as to whether the motor is of open or enclosed construction. (identificateur unique du moteur)

• Marginal note:Reference to energy-using product

  (2) In these Regulations, a reference to an energy-using product is a reference to that product as defined in the Division or Subdivision associated with it.

• Marginal note:Incorporated standards

  (3) In these Regulations, a reference to an AHRI, ANSI, ASHRAE, CGA, CIE, CSA, IES or NEMA MG-1 standard is to be read as a reference to the standard as amended from time to time.

• Marginal note:Exception — test procedure waivers

  (4) In these Regulations, a reference to a testing standard that is incorporated by reference does not include any test procedure waiver that may be set out in that standard.

Marginal note:Standards and procedures of other jurisdiction incorporated by reference

1.1 Despite these Regulations, if an energy efficiency standard or test procedure that is incorporated by reference in these Regulations as amended from time to time is a reference to a standard or test procedure set out in the laws of another jurisdiction and that standard or procedure is subsequently repealed or revoked in that other jurisdiction, the reference to the standard or procedure in these Regulations is deemed to be a reference to that standard or procedure as it read on the day before the day on which it was repealed or revoked and it continues to apply for the purposes of these Regulations.

PART 1General

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Part.

certification body

certification body means, in respect of an energy-using product, a body that is accredited by the Standards Council of Canada to operate a certification program in respect of the energy efficiency of the product. (organisme de certification)

verification mark

verification mark means, in respect of an energy-using product, a mark that is

• (a) issued by a certification body to signify that the body has

  • (i) determined that the product complies with the applicable energy efficiency standard, and

  • (ii) if the product is one for which information must be provided to the Minister for the purpose of subsection 5(1) of the Act, verified the information that is related to the product’s energy performance; or

• (b) issued by a province to signify that the product complies with the province’s energy efficiency standard. (marque de vérification)

Marginal note:Incorporated products

3 Unless otherwise specified by these Regulations, an energy-using product that is incorporated into another product remains an energy-using product for the purposes of these Regulations even if the other product is not an energy-using product.

Verification Mark

Marginal note:Verification mark

• 4 (1) Subject to subsections (3) to (5), every energy-using product that, for the purpose of sale or lease, is shipped from one province to another or imported into Canada must be labelled with a verification mark that is issued by

  • (a) a certification body; or

  • (b) a province whose energy efficiency standard for the product is equivalent to or exceeds the energy efficiency standard prescribed for the product in these Regulations.

• Marginal note:Location and visibility

  (2) The verification mark must be readily visible on the surface of the energy-using product. However, in respect of the following energy-using products, the verification mark may be on the exterior of the product’s package:

  • (a) a CFL;

  • (b) a general service lamp;

  • (c) a modified spectrum incandescent lamp;

  • (d) a general service fluorescent lamp;

  • (e) a general service incandescent reflector lamp;

  • (f) a battery charger; and

  • (g) an external power supply.

• Marginal note:Exception — CFL

  (3) A CFL is not required to be labelled with a verification mark if

  • (a) a laboratory that is accredited to test the energy performance of lighting products by either the Standards Council of Canada or the National Voluntary Laboratory Accreditation Program has verified the values for nominal power, luminous flux and correlated colour temperature provided to the Minister under subsection 432(1); and

  • (b) a laboratory that is referred to in paragraph (a), an A2LA certified laboratory or an ISO 9000 certified laboratory or manufacturing facility has

    • (i) if the life testing of the CFL is completed, verified the value for life provided to the Minister under subsection 432(1), or

    • (ii) if the life testing of the CFL is not completed, verified 40% of its design life and at that point in the testing not more than one unit in the test sample has failed.

• Marginal note:Exception — external power supplies

  (4) An external power supply is not required to be labelled with a verification mark if

  • (a) it is labelled with a mark in accordance with the U.S. Department of Energy publication entitled “International Efficiency Marking Protocol for External Power Supplies”, as amended from time to time;

  • (b) a certification body has verified the information related to the product’s energy performance that is provided to the Minister for the purpose of subsection 5(1) of the Act; and

  • (c) it is labelled with the same model number as that used when the information was verified.

• Marginal note:Exception — general service lamps

  (5) Until March 31, 2018, a general service lamp is not required to be labelled with a verification mark if a certification body

  • (a) has determined that the lamp complies with the applicable energy efficiency standard; and

  • (b) has verified the information related to the product’s energy performance that is provided to the Minister for the purpose of subsection 5(1) of the Act.

Provision of Information

Marginal note:Prescribed information

• 5 (1) A dealer who, for the purpose of sale or lease, ships an energy-using product from one province to another or imports an energy-using product into Canada must, for the purpose of subsection 5(1) of the Act, provide the following information to the Minister:

  • (a) the name of the product as prescribed in these Regulations;

  • (b) the brand name of the product, if any;

  • (c) the product’s model number or, in the case of a motor, the product’s model number or unique motor identifier;

  • (d) the name of the product’s manufacturer;

  • (e) one of the following, namely,

    • (i) the name of the certification body or province whose verification mark will be on the product or its package,

    • (ii) in the case of a CFL, the name of the laboratory referred to in paragraph 4(3)(a) and the name of the laboratory or manufacturing facility referred to in paragraph 4(3)(b),

    • (iii) in the case of an external power supply, the name of the certification body referred to in paragraph 4(4)(b), or

    • (iv) in the case of a general service lamp or modified spectrum incandescent lamp for which there is no energy efficiency standard, if a laboratory that is accredited to test the energy performance of lighting products by either the Standards Council of Canada or the National Voluntary Laboratory Accreditation Program has verified the information displayed on the product’s package, the name of that laboratory;

  • (f) any other information that is prescribed in these Regulations to be provided to the Minister for the purpose of subsection 5(1) of the Act; and

  • (g) information that indicates whether a mathematical model described in subsection (3) was used to generate any of the information provided under paragraph (f).

• Marginal note:Manner and time

  (2) The information must be provided electronically or by fax, hand delivery, courier or mail before the product is imported into Canada or shipped from one province to another.

• Marginal note:Mathematical model

  (3) Despite any provision in these Regulations requiring that the information referred to in this section be collected in accordance with an identified standard, a dealer may instead provide the information as generated by a mathematical model that, by means of an engineering or statistical analysis or a computer simulation or model, emulates the manner in which the information is collected under the identified standard.

Marginal note:CFL life information

• 6 (1) Despite paragraph 5(1)(f), a dealer is not required to provide information related to the life of a CFL if

  • (a) at the time the information is to be provided the life testing of the product is not completed, but 40% of the product’s design life has been verified as described in subparagraph 4(3)(b)(ii); and

  • (b) the dealer provides the following information to the Minister together with the information provided under subsection 5(1):

    • (i) a statement indicating that 40% of the product’s design life has been verified,

    • (ii) the date on which life testing began,

    • (iii) the design life of the product, and

    • (iv) the number of hours of life that have been verified.

• Marginal note:Verified CFL life

  (2) Within 30 days after the day on which the life testing of the CFL is completed, the dealer must provide the Minister with the following information:

  • (a) the product’s life as verified; and

  • (b) the name of the laboratory or manufacturing facility that performed the verification, if it is different from the name provided under subparagraph 5(1)(e)(ii).

Information Pertaining to Imports

Marginal note:Prescribed information

• 7 (1) A dealer who, for the purpose of sale or lease, imports an energy-using product into Canada must, for the purpose of subsection 5(1) of the Act, provide the following information to the Minister:

  • (a) the name of the product as prescribed in these Regulations;

  • (b) the brand name of the product, if any;

  • (c) the product’s model number or, in the case of a motor, the product’s model number or unique motor identifier;

  • (d) the dealer’s address; and

  • (e) a statement as to whether the product is being imported

    • (i) for sale or lease in Canada without modification,

    • (ii) for sale or lease in Canada after being modified to comply with the applicable energy efficiency standard, or

    • (iii) for incorporation into any other product that is to be exported from Canada.

• Marginal note:Exception

  (1.1) However, the following energy-using products are not energy-using products for the purpose of subsection (1) if, at the time of their importation, they are incorporated into another product:

  • (a) a battery charger;

  • (b) an external power supply;

  • (c) a fluorescent lamp ballast;

  • (d) an electric motor; and

  • (e) a small electric motor.

• Marginal note:Manner and time

  (2) The information must be provided by including it in any customs invoice or commercial invoice that is required to be provided in respect of the energy-using product under subsection 6(1) of the Accounting for Imported Goods and Payment of Duties Regulations and must be provided before the product is released under the Customs Act.