Bill S-3

57-58 ELIZABETH II

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CHAPTER 8

An Act to amend the Energy Efficiency Act

[Assented to 14th May, 2009]

Whereas the Government of Canada is committed to ensuring sustained improvement in the efficient use of energy in all sectors of the Canadian economy;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The Energy Efficiency Act is amended by adding the following after section 2:

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.

2. Subsection 4(1) of the Act is replaced by the following:

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.

3. Section 5 of the Act is replaced by the following:

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.

4. Sections 7 and 8 of the Act are replaced by the following:

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.

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.

5. (1) Paragraph 20(1)(a) of the Act is replaced by the following:

(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;

(2) Paragraph 20(1)(b) of the English version of the Act is replaced by the following:

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

(3) Paragraph 20(1)(c) of the Act is replaced by the following:

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

6. Section 36 of the Act is renumbered as subsection 36(1) and is amended by adding the following:

(2) Once every three years, in the report referred to in subsection (1), the Minister shall demonstrate the extent to which the energy efficiency standards prescribed under this Act are as stringent as comparable standards established by a province, the United Mexican States, the United States of America or a state of the United States of America.

7. Section 37 of the Act and the headings before it are replaced by the following:

37. Within four years after the day on which this section comes into force, the Minister shall, in the report referred to in subsection 36(1), demonstrate the extent to which energy efficiency standards have been prescribed under this Act for all energy-using products whose use has a significant impact on energy consumption in Canada.

8. This Act comes into force on a day to be fixed by order of the Governor in Council.