PART IEnergy-using Products (continued)
Marginal note:Definition of technical standards document
20.2 (1) In this section, technical standards document means a document that is published in both official languages by the Minister and that adapts, combines or reproduces, in whole or in part, documents that are produced by jurisdictions, standards development organizations or industry associations and that, for energy-using products or classes of energy-using products, set out requirements or guidance related to those requirements. The adaptations may include modifications to the content of the originating document.
Marginal note:Incorporation of technical standards document
(2) Regulations made under paragraphs 20(1)(b) or (d) or 25(b) may, for the purpose of harmonizing the requirements set out in those regulations with those of a jurisdiction to which those regulations or a technical standards document refers, incorporate by reference, in whole or in part, a technical standards document, as it is amended from time to time.
- 2017, c. 33, s. 221
PART IIPromotion of Energy Efficiency and Alternative Energy Sources
Powers of Minister
Marginal note:Powers of Minister
21 The Minister may, for the purpose of promoting the efficient use of energy and the use of alternative energy sources,
(a) conduct, or cooperate with persons conducting, research, development, tests, demonstrations and studies;
(b) publish information, research or test results;
(c) assist, cooperate with, consult and enter into agreements with any person, including any department or agency of the Government of Canada or of any province;
(d) make grants and contributions; and
(e) undertake such other projects, programs and activities as in the Minister’s opinion advance that purpose.
22 The Governor in Council may make regulations requiring prescribed persons to file with the Minister, in the prescribed form and manner, at the prescribed time and for each prescribed reporting period, a report setting out prescribed statistics and information respecting
(a) the value, quantity, type and use of energy, including alternative energy, purchased, consumed or sold by that person;
(b) the expenditures of that person on the research, development, acquisition and operation of energy-using equipment and related technology; and
(c) the sales of prescribed energy-using products or classes of energy-using products by that person, including the revenue from, and geographic distribution of, the sales.
- authorized person
authorized person means any person engaged or employed, or formerly engaged or employed, by or on behalf of Her Majesty in right of Canada for any purpose relating to the administration or enforcement of this Act; (personne autorisée)
official means any person employed in, or occupying a position of responsibility in, the service of Her Majesty in right of Canada, and any person formerly so employed or occupying such a position. (fonctionnaire)
Marginal note:Privileged information
(2) Except as provided in section 24, the statistics and information filed with the Minister pursuant to regulations made under section 22 are privileged and no official or authorized person shall knowingly
(a) communicate or allow to be communicated to any person any statistics or information so filed (in this section and section 24 referred to as “privileged information”); or
(b) allow any person to inspect or have access to any report, statement or other document containing any privileged information.
Marginal note:Evidentiary privilege
(3) Notwithstanding any other Act or law, no official or authorized person shall be required, in connection with any legal proceedings,
Marginal note:Exception for proceedings under this Act
Marginal note:Exception for authorized persons
(2) An authorized person may communicate or allow to be communicated privileged information, or allow inspection of or access to any report, statement or other document containing any privileged information, to or by
(a) any person engaged or employed by or on behalf of Her Majesty in right of Canada for any purpose relating to the administration or enforcement of this Act;
(c) any person, with the consent of the person who filed the information.
Marginal note:Exception for compilations
(3) Compilations of privileged information may be published in any manner that does not identify or permit the identification of any person who filed the information, unless that person consents in writing to being identified.
Marginal note:General regulations
25 The Governor in Council may make regulations
(a) exempting any person, energy-using product or transaction, or any class thereof, from the application of any or all of the provisions of this Act or the regulations;
(b) prescribing anything that by this Act is to be prescribed; and
(c) generally for carrying out the purposes and provisions of this Act.
26 [Repealed, 2017, c. 33, s. 222]
Offences and Punishment
Marginal note:Offence and punishment
(2) Every person who contravenes subsection 4(2), section 5, subsection 6(1), section 7 or 8, subsection 11(3), section 12 or subsection 23(2) or any regulation made under this Act is guilty of an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars.
(3) Every person who, in purported compliance with this Act or the regulations, submits any report, statistic, information, document or record, makes any statement or answers any question knowing that the report, statistic, information, document, record, statement or answer is false or misleading, or misrepresents or fails to disclose a material fact, is guilty of an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars.
(4) Every person who contravenes any provision of this Act or the regulations, other than a provision referred to in subsection (1) or (2), is guilty of an offence punishable on summary conviction and liable to a fine not exceeding five thousand dollars.
Marginal note:Continuing offences
28 Where an offence under section 27 is committed on more than one day or is continued for more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued.
Marginal note:Officers, etc., of corporations
29 Where a corporation commits an offence under section 27, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.
30 In a prosecution for a contravention of subsection 4(1) by a dealer engaged in the business of assembling or altering energy-using products, it is a defence for the dealer if the contravention occurred as a result of work done previously on an energy-using product by another dealer engaged in the manufacture of the energy-using products.
Marginal note:Limitation period
31 A prosecution by way of summary conviction under this Act may not be instituted later than two years after the time when the subject-matter of the prosecution arose.
32 A prosecution under this Act may be instituted, tried and determined by a court in any territorial jurisdiction in which the accused is resident or carries on business regardless of where the subject-matter of the prosecution arose.
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