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

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.

Exemptions from Certain Provisions of the Act

Marginal note:Exemption — product to be modified

• 8 (1) A dealer is exempt from the application of paragraph 4(1)(a) of the Act if the dealer, for the purpose of modifying an energy-using product to comply with the applicable energy efficiency standard, ships the product from the province in which it was manufactured to another province or imports the product into Canada.

• Marginal note:Requirements

  (2) The dealer must

  • (a) ensure that the product is brought into compliance with the applicable energy efficiency standard within 90 days after the day on which the product is shipped or imported;

  • (b) despite subsection 5(2), provide the information referred to in subsection 5(1) within 120 days after the day on which the product is shipped or imported; and

  • (c) if requested by the Minister, provide the Minister with any other information that is necessary to establish that the product has been brought into compliance with the applicable energy efficiency standard.

Marginal note:Exemption — incorporation into product for export

9 A dealer is exempt from the application of sections 4 and 5 of the Act with respect to the shipment or importation of an energy-using product that is to be incorporated into any other product that is to be exported from Canada.

Marginal note:Exemption — product to be exported

10 A dealer is exempt from the application of sections 4 and 5 of the Act if the dealer, for the purpose of exporting the energy-using product from Canada, ships the product from the province in which it was manufactured to another province or imports the product into Canada.

Marginal note:Exemption — motors with same unique motor identifier

11 A dealer is exempt from the application of section 5 of the Act in respect of a motor if

• (a) the information has been provided in respect of a motor that has the same unique motor identifier; and

• (b) the motor is at least as energy efficient as the motor for which the information was provided.

PART 2Energy-Using Products

DIVISION 1Household Appliances

Interpretation

Marginal note:Definitions

12 The following definitions apply in this Division.

10 C.F.R. Appendix D2

10 C.F.R. Appendix D2 means Appendix D2 to Subpart B, Part 430 of Title 10 to the United States Code of Federal Regulations, entitled Uniform Test Method for Measuring the Energy Consumption of Clothes Dryers, as amended from time to time. (appendice D2 10 C.F.R.)

CSA C300-00

CSA C300-00[Repealed, SOR/2019-163, s. 1]

CSA C300-12

CSA C300-12 means the CSA standard CAN/CSA-C300-12 entitled Energy Performance and Capacity of Household Refrigerators, Refrigerator-Freezers, Freezers and Wine Chillers. (CSA C300-12)

CSA C300-15

CSA C300-15 means the CSA standard CAN/CSA-C300-15 entitled Energy Performance and Capacity of Household Refrigerators, Refrigerator-Freezers, Freezers and Wine Chillers. (CSA C300-15)

CSA C358-03

CSA C358-03 means the CSA standard CAN/CSA-C358-03 entitled Energy Consumption Test Methods for Household Electric Ranges. (CSA C358-03)

CSA C360-03

CSA C360-03 means the CSA standard CAN/CSA-C360-03 entitled Energy Performance, Water Consumption and Capacity of Household Clothes Washers. (CSA C360-03)

CSA C360-13

CSA C360-13 means the CSA standard CAN/CSA-C360-13 entitled Energy Performance, Water Consumption and Capacity of Household Clothes Washers. (CSA C360-13)

CSA C361-12

CSA C361-12[Repealed, SOR/2018-201, s. 5]

CSA C361-16

CSA C361-16 means the CSA standard CAN/CSA-C361-16 entitled Energy performance and drum volume of household electric clothes dryers. (CSA C361-16)

CSA C361-92

CSA C361-92 means the CSA standard CAN/CSA-C361-92 entitled Test Method for Measuring Energy Consumption and Drum Volume of Electrically Heated Household Tumble-Type Clothes Dryers. (CSA C361-92)