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

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.

Illegal Import

Marginal note:Notice for removal

• 17 (1) Where an inspector believes on reasonable grounds that an energy-using product is being or has been imported into Canada in contravention of this Act or the regulations, the inspector may, whether or not the product is seized, require the importer to remove it from Canada by delivering personally to the importer a notice for its removal or by sending the notice by registered mail to the importer’s business address in Canada.

• Marginal note:Forfeiture

  (2) Where an energy-using product is not removed from Canada within the period specified for its removal in a notice under subsection (1) or, where no period is specified, within ninety days after the notice was delivered or sent to the importer, the product shall, notwithstanding sections 13 and 14, be forfeited to Her Majesty in right of Canada.

• Marginal note:Disposal or destruction

  (3) The Minister may dispose of or destroy an energy-using product forfeited under subsection (2) and, if the Minister so directs, the costs of the disposal or destruction shall be paid by the importer of the product.

Third Parties

Marginal note:Protection of persons claiming interest

18 Sections 74 to 76 of the Fisheries Act apply, with such modifications as the circumstances require, to a thing forfeited under section 15 or 16, or an energy-using product forfeited under section 17, as though it were a thing forfeited under subsection 72(1) of that Act.

Warranty

Marginal note:Disclosure is not warranty

19 A disclosure relating to energy efficiency that is required to be made by a dealer under this Act in respect of tests conducted under this Act does not create an express or implied warranty by anyone, including Her Majesty in right of Canada, that the energy efficiency established by those tests will be achieved under conditions of actual use.

Regulations

Marginal note:Regulations

• 20 (1) The Governor in Council may make regulations

  • (a) prescribing as an energy-using product any manufactured product, or class of manufactured products, that is designed to operate using electricity, oil, natural gas or any other form or source of energy or that affects or controls energy consumption;

  • (b) prescribing energy efficiency standards for energy-using products or classes of energy-using products;

  • (c) respecting the labelling of energy-using products or their packages, or classes of energy-using products or their packages;

  • (d) providing for the testing of energy-using products to determine their energy efficiency;

  • (e) respecting the detention of things seized and detained under subsection 6(4) or 11(1); and

  • (f) respecting the disposition or destruction of anything forfeited under section 15, 16 or 17.

• Marginal note:Incorporation by reference

  (2) A regulation made under paragraph (1)(b) or (d) incorporating standards by reference may incorporate the standards as amended from time to time.

Marginal note:Definitions

• 20.1 (1) The following definitions apply in this section and in section 20.2:

  harmonize

  harmonize means, with respect to requirements, to make them correspond substantively. (harmoniser)

  jurisdiction

  jurisdiction means 

  • (a) the government of a province;

  • (b) any agency or body that is established under an Act of the legislature of a province;

  • (c) a government or court of a foreign state or of a subdivision of a foreign state, or any agency, body or institution of such a government; and

  • (d) an international organization of states or any agency, body, court or institution of such an organization. (instance)

  requirement

  requirement means energy efficiency standards, testing or information that must be provided by a dealer under section 5. (exigence)

• Marginal note:Ministerial regulations

  (2) The Minister may, by regulation — with respect to energy-using products or classes of energy-using products that are specified in regulations made by the Governor in Council under paragraph 25(c) — amend regulations made under paragraph 20(1)(b) or (d) or 25(b) for the purpose of maintaining harmonization between a requirement set out in those regulations and that of a jurisdiction.

• Marginal note:Restrictions

  (3) In exercising the power under subsection (2), the Minister may

  • (a) update an erroneous reference to a document incorporated by reference, as it is amended from time to time;

  • (b) modify an energy efficiency standard for energy-using products or classes of energy-using products;

  • (c) provide for modified or alternative testing of energy-using products to determine their energy efficiency; and

  • (d) prescribe information respecting energy-using products, including their energy efficiency, that must be provided by a dealer under section 5.

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.

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.

Statistics

Marginal note:Regulations

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.

Marginal note:Definitions

• 23 (1) In this section and section 24,

  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

  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,

  • (a) to give evidence relating to any privileged information; or

  • (b) to produce any report, statement or other document containing any privileged information.