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

Short Title

Marginal note:Short title

1 This Act may be cited as the Energy Efficiency Act.

Interpretation

Marginal note:Definitions

2 In this Act,

dealer

dealer means a person engaged in the business of

• (a) manufacturing energy-using products in Canada,

• (b) importing energy-using products into Canada, or

• (c) selling or leasing energy-using products obtained directly or indirectly from a person engaged in a business described in paragraph (a) or (b) or an agent thereof; (fournisseur)

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

inspector means a person designated as an inspector pursuant to subsection 9(1); (inspecteur)

manufacture

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

Minister means the Minister of Natural Resources; (ministre)

prescribed

prescribed means prescribed by regulation. (Version anglaise seulement)

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.

Her Majesty

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

• 4 (1) No dealer shall, for the purpose of sale or lease, ship an energy-using product from one province to another province, or import an energy-using product into Canada, unless

  • (a) the product complies with the energy efficiency standard; and

  • (b) the product or its package is labelled in accordance with the regulations, if any.

• 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.

• Marginal note:Savings

  (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.

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.

• Marginal note:Exceptions

  (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.

Test Products

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.

• Marginal note:Testing

  (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.

• Marginal note:Retention

  (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.

• Marginal note:Seizure

  (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

  • (a) the contravention occurred by means of or in relation to the product; or

  • (b) the product will afford evidence in respect of the contravention.

• 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.

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.

Inspection and Seizure

Marginal note:Designation of inspectors

• 9 (1) The Minister may designate as an inspector for the purposes of this Act any person who, in the opinion of the Minister, is qualified to be so designated.

• Marginal note:Certificate

  (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.

Marginal note:Inspection

• 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).

• Marginal note:Warrant

  (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.

Marginal note:Seizure

• 11 (1) Where, in the course of an inspection under section 10, an inspector believes on reasonable grounds that any provision of this Act or the regulations has been contravened, the inspector may seize and detain any energy-using product or other thing

  • (a) by means of or in relation to which the inspector believes on reasonable grounds the contravention occurred; or

  • (b) that the inspector believes on reasonable grounds will afford evidence in respect of the contravention.

• Marginal note:Storage and removal

  (2) A thing seized by an inspector under subsection (1) may, in the inspector’s discretion, be stored in the place where it was seized or be removed to any other place for storage and, where it is so removed at the request of the owner of the thing or the person who was in possession of it at the time of the seizure, the costs of the storage and removal shall be paid by that owner or person.

• Marginal note:Interference with thing seized

  (3) Unless authorized by an inspector, no person shall remove, alter or interfere with a thing seized and detained under subsection (1), but an inspector shall, at the request of the owner of the thing or the person who was in possession of it at the time of the seizure, allow that owner or person or any person authorized by that owner or person to examine the thing.

Marginal note:Assistance to inspectors

• 12 (1) The owner or person in charge of a place entered by an inspector under section 10, and every person present in that place, shall give the inspector all reasonable assistance to enable the inspector to carry out the inspector’s duties and functions under this Act or the regulations and shall furnish the inspector with such information with respect to the administration of this Act or the regulations as the inspector may reasonably require.

• Marginal note:Obstruction of inspectors

  (2) No person shall wilfully obstruct or hinder, or knowingly make any false or misleading statement orally or in writing to, an inspector engaged in carrying out the inspector’s duties or functions under this Act or the regulations.

Detention

Marginal note:Detention

• 13 (1) A thing seized under subsection 11(1) shall not be detained after the expiration of one hundred and twenty days after the day of seizure unless, before that time, the thing has been forfeited under section 15 or proceedings have been instituted in respect of the contravention in relation to which the thing was seized.

• Marginal note:Detention until end of proceedings

  (2) Where proceedings have been instituted as described in subsection (1), the thing may be detained until the proceedings are finally concluded or an order for the return of the thing is made under subsection 14(2).

Marginal note:Application for return

• 14 (1) Subject to section 15, where proceedings have been instituted as described in subsection 13(1), the owner of the thing or the person who was in possession of it at the time of the seizure may apply to the court before which the proceedings are held for an order that the thing be returned.

• Marginal note:Order for return

  (2) Where, on an application under subsection (1), the court is satisfied that sufficient evidence exists or may reasonably be obtained without detaining the thing, the court may order that it be returned to the applicant, subject to any condition the court thinks fit to ensure that it is preserved for any purpose for which it may subsequently be required.

Forfeiture

Marginal note:Forfeiture on consent

• 15 (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

• 16 (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.