Assented to 1992-06-23
An Act respecting the energy efficiency of energy-using products and the use of alternative energy sources
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note:Short title
2 In this Act,
dealer means a person engaged in the business of
- energy efficiency standard
energy efficiency standard, in respect of an energy-using product, means the standard, if any, prescribed pursuant to section 20 for that product or for a class of energy-using products that includes that product; (norme d’efficacité énergétique)
- energy-using product
energy-using product means a prescribed product; (matériel consommateur d’énergie)
inspector means a person designated as an inspector pursuant to subsection 9(1); (inspecteur)
manufacture includes the process of assembling or altering an energy-using product in order to complete that product for sale to the first retail purchaser or for lease to the first lessee; (fabrication)
Minister means the Minister of Natural Resources; (ministre)
prescribed means prescribed by regulation. (Version anglaise seulement)
- 1992, c. 36, s. 2
- 1994, c. 41, s. 37
Meaning of class
2.1 For greater certainty, a reference in this Act to a class in relation to energy-using products includes classes based on common energy-consuming characteristics, the intended use of the products or the conditions under which the products are normally used.
- 2009, c. 8, s. 1
Marginal note:Binding on Her Majesty
3 This Act is binding on Her Majesty in right of Canada or a province.
PART IEnergy-using Products
Trade in Energy-Using Products
Marginal note:Interprovincial trade and importation
Marginal note:Tampering with label
(2) No person shall, before an energy-using product is sold to the first retail purchaser or leased to the first lessee, remove, deface, obscure or alter any label put on the product or its package in accordance with the regulations.
(3) A dealer does not contravene paragraph (1)(b) if the requirements of that paragraph are met before the energy-using product leaves the possession of the dealer or the dealer’s consignee.
- 1992, c. 36, s. 4
- 2009, c. 8, s. 2
Marginal note:Information to be provided by dealers
5 (1) Every dealer who ships or imports energy-using products as described in subsection 4(1) shall provide the Minister, in the prescribed form and manner and at the prescribed time, with prescribed information respecting those products, including their energy efficiency, their shipment or their importation.
(2) A dealer is not required to provide prescribed information in respect of the energy efficiency of any particular energy-using products if the Minister is satisfied that
(a) the information has previously been provided under subsection (1); or
(b) information has previously been provided under subsection (1) in respect of the energy efficiency of comparable energy-using products that differ from those products only in a manner that does not relate to energy efficiency.
- 1992, c. 36, s. 5
- 2009, c. 8, s. 3
Marginal note:Requirement to supply test products
6 (1) The Minister may require any dealer who ships or imports energy-using products as described in subsection 4(1) to make available, at such place as the Minister may specify, such number of those products as the Minister considers to be reasonably necessary for examination and testing under this section, and the dealer shall forthwith comply with the request.
(2) The Minister may dismantle and examine any energy-using product made available pursuant to subsection (1) and may conduct such tests on it as the Minister considers to be reasonably necessary to determine the product’s energy efficiency.
(3) The Minister shall not retain any energy-using product made available pursuant to subsection (1) longer than the Minister considers to be reasonably necessary to complete the examination and tests referred to in subsection (2), unless the dealer consents to the further retention.
(4) Notwithstanding subsection (3), an inspector may seize and detain any energy-using product that is examined and tested under subsection (2) if the inspector believes on reasonable grounds that any provision of this Act or the regulations has been contravened and that
Marginal note:Provisions applicable
(5) Subsections 11(2) and (3) and sections 13 to 18 apply, with such modifications as the circumstances require, with respect to an energy-using product seized under subsection (4) as if it were a thing seized under subsection 11(1).
Marginal note:Outside testing
(6) The Minister may enter into an agreement or other arrangement with any person for the examination and testing of energy-using products under this section.
Documents and Records
Marginal note:Retention of documents and records
7 Every dealer required by section 5 to provide the Minister with prescribed information shall keep, at the dealer’s place of business or other prescribed place in Canada, documents and records sufficient to enable the Minister to verify the accuracy and completeness of the information provided.
- 1992, c. 36, s. 7
- 2009, c. 8, s. 4
Marginal note:Period of retention
8 Every dealer required by section 7 to keep documents and records shall, unless authorized by the Minister, retain each one of those documents or records until the expiry of six years after the day on which the Minister is provided with the prescribed information.
- 1992, c. 36, s. 8
- 2009, c. 8, s. 4
Inspection and Seizure
Marginal note:Designation of inspectors
(2) The Minister shall furnish every inspector with a certificate of designation as an inspector and, on exercising any power vested in the inspector by this Act, an inspector shall, if so required, produce the certificate to any person in authority who is affected by that exercise.
10 (1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may, subject to subsection (3), at any reasonable time enter and inspect any place in which the inspector believes on reasonable grounds there is an energy-using product for which an energy efficiency standard or a label has been prescribed and that is owned by or is on the premises of a dealer or a consignee of imported energy-using products or there is any document or record required by section 7 to be kept, and may
(a) examine any energy-using product, or any other thing relevant to the administration of this Act, that is found in that place;
(b) open and examine any package or receptacle found in the place that the inspector believes on reasonable grounds contains an energy-using product;
(c) examine any document or record that the inspector believes on reasonable grounds contains any information relevant to the administration of this Act and make copies thereof or extracts therefrom; and
(d) conduct any tests or take any measurements.
Marginal note:Computer systems
(2) In carrying out an inspection of a place under subsection (1), an inspector may
(a) use or cause to be used any computer system at the place to examine any information contained in or available to the system that the inspector believes on reasonable grounds is relevant to the administration of this Act;
(b) reproduce any record or cause it to be reproduced from the information in the form of a printout or other intelligible output; and
(c) take a printout or other output for examination or copying.
Marginal note:Private dwelling-place
(3) An inspector may not enter a private dwelling-place without the consent of the occupant of the place except under the authority of a warrant issued under subsection (4).
(4) Where on ex parte application a justice of the peace is satisfied by information on oath that
(a) the conditions for entry described in subsection (1) exist in relation to a private dwelling-place,
(b) entry to the dwelling-place is necessary for any purpose relating to the administration of this Act, and
(c) entry to the dwelling-place has been refused or there are reasonable grounds for believing that entry thereto will be refused,
the justice of the peace may issue a warrant authorizing the inspector named therein to enter and inspect the dwelling-place, subject to such conditions as may be specified in the warrant.
Marginal note:Use of force
(5) In executing a warrant issued under subsection (4), the inspector named in the warrant shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.
- Date modified: