Energy Efficiency Regulations

Consolidated Statutes and Regulations
Enabling statute: Energy Efficiency Act
Disclaimer: These documents are not the official versions (more).
Source: http://laws.justice.gc.ca/en/E-6.4/SOR-94-651/97375.html
Updated to August 31, 2004

SOR/94-651

Registration 18 October, 1994

ENERGY EFFICIENCY ACT

Energy Efficiency Regulations

P.C. 1994-1718 18 October, 1994

Whereas, pursuant to section 26 of the Energy Efficiency Act*, a copy of the proposed Regulations respecting energy-using products and requirements pertaining to their importation and interprovincial shipment, substantially in the form annexed hereto, was published in the Canada Gazette Part I on March 19, 1994 and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister of Energy, Mines and Resources with respect thereto;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Energy, Mines and Resources, pursuant to sections 20 and 25 of the Energy Efficiency Act*, is pleased hereby to make the annexed Regulations respecting energy-using products and requirements pertaining to their importation and interprovincial shipment.

* S.C. 1992, c. 36

REGULATIONS RESPECTING ENERGY-USING PRODUCTS AND REQUIREMENTS PERTAINING TO THEIR IMPORTATION AND INTERPROVINCIAL SHIPMENT

SHORT TITLE

1. These Regulations may be cited as the Energy Efficiency Regulations.

INTERPRETATION

2. (1) In these Regulations,

"Act" means the Energy Efficiency Act; (Loi)

"adhesive tag" means a label that is attached to an energy-using product by means of at least two strips of adhesive that are located not more than 0.635 cm (0.25 inch) from the opposite edges of the label; (étiquette adhésive)

"AHAM" means the Association of Home Appliance Manufacturers; (AHAM)

"annual energy consumption" means, with respect to

(a) dishwashers, the energy factor in cycles per kilowatt hour divided by 264 cycles per year,

(b) clothes washers, the value as calculated in CSA C360-98,

(d) electric ranges, the value as calculated in CSA C358, and

(e) refrigerators, combination refrigerator-freezers and freezers, the value as calculated in CSA C300; (consommation annuelle d'énergie)

"ANSI" means the American National Standards Institute; (ANSI)

"ANSI/AHAM DW-1" means the ANSI standard ANSI/AHAM DW-1-1992 entitled American National Standard, Household Electric Dishwashers; (ANSI/AHAM DW-1)

"ANSI C78.1" means the ANSI standard ANSI C78.1-1991 entitled American National Standard for Fluorescent Lamps--Rapid-Start Types--Dimensional and Electrical Characteristics; (ANSI C78.1)

"ANSI C78.21" means the ANSI standard ANSI C78.21-1989 entitled American National Standard for Electric Lamps--Incandescent Lamps--PAR and R Shapes; (ANSI C78.21)

"ANSI C78.3" means the ANSI standard ANSI C78.3-1991 entitled American National Standard for Fluorescent Lamps--Instant-Start and Cold-Cathode Types--Dimensional and Electrical Characteristics; (ANSI C78.3)

"ANSI C78.375" means the ANSI standard ANSI C78.375-1991 entitled American National Standard for Fluorescent Lamps--Guide for Electrical Measurements; (ANSI C78.375)

"ANSI C79.1" means the ANSI standard ANSI C79.1-1994 entitled American National Standard for Nomenclature for Glass Bulbs--Intended for Use with Electric Lamps; (ANSI C79.1)

"ANSI C82.3" means the ANSI standard ANSI C82.3-1983 entitled American National Standard for Reference Ballasts for Fluorescent Lamps; (ANSI C82.3)

"autotransformer" means a transformer that has

(a) one physical winding that consists of a series winding part and a common winding part,

(b) no isolation between its primary and secondary circuits, and

(i) a primary voltage that is equal to the total of the series and common winding voltages, and

(ii) a secondary voltage that is equal to the common winding voltage; (autotransformateur)

"average colour rendering index" means the colour rendering index of a basic model derived by

(a) adding together the colour rendering indices of 21 lamps selected for purposes of determining the average lamp efficacy of that basic model, and

(b) dividing the total calculated pursuant to paragraph (a) by 21; (indice moyen de rendu des couleurs)

"average lamp efficacy" means the lamp efficacy of a basic model derived by dividing by 21

(a) if the basic model has been produced for seven months or more, the total lamp efficacies of three lamps randomly selected during each of seven months during a twelve month period, and

(b) if the basic model has been produced for less than seven months, the total lamp efficacies of 21 lamps selected randomly as evenly as possible over the period of production; (efficacité lumineuse moyenne)

"basic model" means, with respect to general service fluorescent lamps and general service incandescent reflector lamps, a class that includes all such lamps with equivalent

(a) electrical and photometric characteristics that affect lamp efficacy, and

(b) physical or functional characteristics that affect energy consumption; (modèle de base)

"BR lamp" means an incandescent reflector lamp as described in ANSI C79.1, but does not include any of those lamps that have

(a) a diameter of 95.25 mm (BR30) and a nominal power of less than 66 W,

(b) a diameter of 92.5 mm (BR30) and a nominal power of 85 W, or

(c) a diameter of not less than 120.65 mm (BR38) but not more than 127 mm (BR40) and a nominal power of less than 121 W; (lampe BR)

"built-in" means, with respect to

(a) dishwashers, designed to be permanently connected to a household water and electric supply, and

(b) electric ranges and gas ranges, supported by surrounding cabinetry, walls or other similar structures; (encastré)

"CGA" means the Canadian Gas Association; (CGA)

"CGA 2.3" means the CGA standard CAN/CGA-2.3-M93 entitled Gas-Fired Central Furnaces; (CGA 2.3)

"CGA 4.1" means the CGA standard CAN1-4.1-M85 entitled Gas-Fired Automatic Storage Type Water Heaters With Inputs Less Than 75 000 Btu/h; (CGA 4.1)

"CGA P.2" means the CGA standard CGA P.2-1991 entitled Testing method for measuring annual fuel utilization efficiencies of residential furnaces and boilers; (CGA P.2)

"CGA P.3" means the CGA standard CGA P.3-1991 entitled Testing method for measuring energy consumption and determining efficiencies of gas-fired water heaters; (CGA P.3)

"CIE" means the Commission internationale de l'éclairage; (CIE)

"CIE 13.3" [Repealed, SOR/2003-136, s. 1]

"clothes dryer" means a standard or compact electrically operated and electrically heated household tumble-type clothes dryer; (sécheuse)

"clothes washer" means a standard or compact electrically operated household clothes washer that is top loaded or front loaded and that has an internal control system that regulates the water temperature without the need for user intervention subsequent to the initiation of machine operation; (laveuse)

"cold temperature fluorescent lamp" means a fluorescent lamp specifically marked and marketed for outdoor or cold temperature use and that is designed to start at temperatures as low as -29°C (-20°F) when used with a ballast conforming to the requirements of ANSI C78.1; (lampe fluorescente pour basses températures)

"colour rendering index" means the degree to which perceived colours of an object illuminated by a test source conform to the colours of the same object illuminated by a reference source with similar correlated colour temperature; (indice de rendu des couleurs)

"coloured fluorescent lamp" means a fluorescent lamp with

(a) a colour rendering index of less than 40, or

(b) a correlated colour temperature of below 2 500 K or above 6 600 K; (lampe fluorescente colorée)

"coloured incandescent reflector lamp" means an incandescent reflector lamp with

(a) a colour rendering index of less than 50, or

(b) a correlated colour temperature of below 2 500 K or above 4 600 K; (lampe-réflecteur à incandescence colorée)

"compact" means, with respect to

(a) clothes dryers, having a drum capacity of less than 125 L (4.4 cubic feet),

(b) clothes washers, having a container capacity of less than 45 L (1.6 cubic feet), and

(c) dishwashers, having a capacity of less than eight place settings and six serving pieces as defined in ANSI/AHAM DW-1; (compact)

"conventional cooking top" means a cooking top that is not a modular cooking top; (table de cuisson traditionnelle)

"cooling capacity category" means a product class set out in Table 2 of CSA 368.1; (catégorie de capacité de refroidissement)

"correlated colour temperature" means the absolute temperature of a black body the chromaticity of which most nearly resembles that of the light source; (température de couleur proximale)

"counter-mounted" means supported by horizontal surface cabinetry; (intégré)

"CSA" means the Canadian Standards Association; (CSA)

"CSA 2.22" means the CSA standard ANSI Z21.50-2000/CSA 2.22-2000 entitled Vented Gas Fireplaces; (CSA 2.22)

"CSA 2.3" means the CSA standard ANSI Z21.47-2001/CSA 2.3-2001 entitled Gas-Fired Central Furnaces; (CSA 2.3)

"CSA 2.33" means the CSA standard ANSI Z21.88-2002/CSA 2.33-2002 entitled Vented Gas Fireplace Heaters; (CSA 2.33)

"CSA B211" means the CSA standard CAN/CSA-B211-M90 entitled Seasonal Energy Utilization Efficiencies of Oil-Fired Water Heaters; (CSA B211)

"CSA B212" means the CSA standard CSA-B212-93 entitled Seasonal Energy Utilization Efficiencies of Oil-Fired Furnaces and Boilers; (CSA B212)

"CSA C191.1" means the CSA standard CAN/CSA-C191.1-M90 entitled Performance Options for Electric Storage Tank Water Heaters; (CSA C191.1)

"CSA C273.3" means the CSA standard CAN/CSA-C273.3-M91 entitled Performance Standard for Split-System Central Air-Conditioners and Heat Pumps; (CSA C273.3)

"CSA C300" means the CSA standard CAN/CSA-C300-M91 entitled Capacity Measurement and Energy Consumption Test Methods for Refrigerators, Combination Refrigerator-Freezers, and Freezers; (CSA C300)

"CSA C300-00" means the CSA standard C300-00 entitled Energy Performance and Capacity of Household Refrigerators, Refrigerator-Freezers, and Freezers; (CSA C300-00)

"CSA C358" means the CSA standard CAN/CSA-C358-M89 entitled Energy Consumption Test Methods for Household Electric Ranges; (CSA C358)

"CSA C358-03" means the CSA standard CSA C358-03 entitled Energy Consumption Test Methods for Household Electric Ranges; (CSA C358-03)

"CSA C358-95" means the CSA standard CAN/CSA-C358-95 entitled Energy Consumption Test Methods for Household Electric Ranges; (CSA C358-95)

"CSA C360" means the CSA standard CAN/CSA-C360-92 entitled Test Method for Measuring Energy Consumption and Capacity of Automatic Household Clothes Washers; (CSA C360)

"CSA C360-98" means the CSA standard CAN/CSA-C360-98 entitled Energy Performance, Water Consumption and Capacity of Automatic Household Clothes Washers; (CSA C360-98)

"CSA C361" 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)

"CSA C368.1" means the CSA standard CAN/CSA-C368.1-M90 entitled Performance Standard for Room Air Conditioners; (CSA C368.1)

"CSA C373" means the CSA standard CAN/CSA-C373-92 entitled Energy Consumption Test Methods for Household Dishwashers; (CSA C373)

"CSA C390" means the CSA standard C390-M1985 entitled Energy Efficiency Test Methods for Three-Phase Induction Motors (Efficiency Quoting Method and Permissible Efficiency Tolerance); (CSA C390)

"CSA C390-93" [Repealed, SOR/2003-136, s. 1]

"CSA C390-98" means the CSA standard CAN/CSA-C390-98 entitled Energy Efficiency Test Methods for Three-Phase Induction Motors; (CSA C390-98)

"CSA C446" means the CSA standard CAN/CSA-C446-M90 entitled Performance of Ground and Water Source Heat Pumps; (CSA C446)

"CSA C446-94" means the CSA standard CAN/CSA-C446-94 entitled Performance of Ground-Source Heat Pumps; (CSA C446-94)

"CSA C654" means the CSA standard CAN/CSA-C654-M91 entitled Fluorescent Lamp Ballast Efficacy Measurements; (CSA C654)

"CSA C655" means the CSA standard CAN/CSA-C655-M91 entitled Performance Standard for Internal Water-Loop Heat Pumps; (CSA C655)

"CSA C656" means the CSA standard CAN/CSA-C656-M92 entitled Performance Standard for Single Package Central Air-Conditioners and Heat Pumps; (CSA C656)

"CSA C742" means the CSA standard CAN/CSA-C742-94 entitled Performance of Automatic Ice-Makers and Ice Storage Bins; (CSA C742)

"CSA C742-98" means the CSA standard C742-98 entitled Performance of Automatic Ice-Makers and Ice Storage Bins; (CSA C742-98)

"CSA C744" means the CSA standard CSA-C744-93 entitled Standard for Packaged Terminal Air-Conditioners and Heat Pumps; (CSA C744)

"CSA C746" means the CSA standard CAN/CSA-C746-98 entitled Performance Standard for Rating Large Air Conditioners and Heat Pumps; (CSA C746)

"CSA C749" means the CSA standard CAN/CSA-C749-94 entitled Performance of Dehumidifiers; (CSA C749)

"CSA C802.2" means the CSA standard CAN/CSA-802.2-00 entitled Minimum Efficiency Values for Dry-Type Transformers; (CSA C802.2)

"CSA C819" means the CSA standard CAN/CSA-C819-95 entitled Performance of General Service Fluorescent Lamps; (CSA C819)

"CSA C862-01" means the CSA standard CAN/CSA-C862-01 entitled Performance of Incandescent Reflector Lamps; (CSA C862-01)

"CSA C862" means the CSA standard CAN/CSA-C862-95 entitled Performance of Incandescent Reflector Lamps; (CSA C862)

"CSA P.4.1" means the CSA standard CSA P.4.1-02 entitled Testing Method for Measuring Annual Fireplace Efficiency; (CSA P.4.1)

"dehumidifier" means a factory-assembled electric dehumidifier that is mechanically refrigerated and that has a water removal capacity not exceeding 30 L/d (63.4 U.S. pints per day); (déshumidificateur)

"dishwasher" means an electrically operated automatic household dishwasher that is not a commercial, industrial or institutional machine; (lave-vaisselle)

"drive (isolation) transformer" means a transformer that

(a) isolates the motor from the line,

(b) accommodates the added loads of drive-created harmonics, and

(c) is designed to withstand the additional mechanical stresses caused by an alternating current adjustable frequency motor drive or a direct current motor drive; (transformateur de commande (d'isolation))

"dry-type transformer" means a transformer, including a transformer that is incorporated into any another product, in which the core and coils are in a gaseous or dry compound insulating medium and that

(a) is either single-phase with a capacity from 15 to 833 kVA or three-phase with a capacity from 15 to 7500 kVA,

(b) has a nominal frequency of 60 Hz, and

but does not include

(d) an autotransformer,

(e) a drive (isolation) transformer,

(f) an instrument transformer,

(g) a rectifier transformer,

(h) a sealed transformer,

(i) a testing transformer,

(j) a transformer in which the highest voltage tap is greater than the lowest voltage tap by more than 10%, or

(k) a welding transformer; (transformateur à sec)

"E" means energy consumption in kilowatt hours per month; (E)

"EF" means energy factor as described in section 5 of CGA P.3; (FE)

"electric range" means a household electric range that is

(a) a freestanding appliance equipped with one or more surface elements and one or more ovens,

(b) a built-in appliance equipped with one or more surface elements and one or more ovens,

(d) a wall-mounted appliance equipped with one or more ovens and no surface elements, or

(e) a counter-mounted appliance equipped with one or more surface elements and no ovens,

but does not include

(f) a microwave cooking appliance, or

(g) a portable appliance that is designed for an electrical supply of 120 volts; (cuisinière électrique)

(h) [Repealed, SOR/2003-321, s. 1]

"electric water heater" means a stationary electric storage tank water heater with a capacity of not less than 50 L (11 imperial gallons) and not more than 450 L (100 imperial gallons) that is intended for use on a pressure system; (chauffe-eau électrique)

"ER lamp" means an incandescent reflector lamp as described in ANSI C79.1; (lampe ER)

"explosion-proof motor" means a motor

(a) in respect of which measures have been taken to prevent the possibility of excessive temperatures and the production of arcs or sparks by the motor, or

(b) that is encased in an enclosure that, without being damaged and without transmitting an explosion to the outside, will withstand the explosion of any flammable gas or vapour that may enter it; (moteur antidéflagrant)

"flap tag" means a label that is attached to an energy-using product by means of one strip of adhesive that is located no more than 0.635 cm (0.25 inch) from the top edge of the label; (vignette)

"fluorescent lamp" means a lamp with a low pressure mercury electric-discharge source in which a fluorescing coating transforms some of the ultraviolet energy generated by the mercury discharge into light; (lampe fluorescente)

"fluorescent lamp ballast" means a device that is

(a) used to start and operate fluorescent lamps by

(i) providing a starting voltage and current,

(ii) limiting the current during normal operation, and

(iii) where necessary to facilitate lamp operation, providing cathode heating,

(b) designed for input of 120, 277 or 347 volts,

(c) designed to operate with an F32T8, F34T12, F40T10 or F40T12 rapid start fluorescent lamp or an F96T12IS, F96T12ES, F96T12HO or F96T12HO ES fluorescent lamp; and

(d) designed for use in ambient temperatures greater than -17.8°C; (ballast pour lampe fluorescente)

"freestanding" means not supported by surrounding cabinetry, walls or other similar structures; (non encastré)

"freezer" means a household freezer that has a capacity not exceeding 850 L (30 cubic feet); (congélateur)

"furnace" [Repealed, SOR/99-25, s. 1]

"gas boiler" means a gas-heated boiler that uses propane or natural gas, that is intended for application in a low pressure steam or hot water central heating system and that has an input rate of less than 88 kW (300 000 Btu/h); (chaudière à gaz)

"gas fireplace" means a vented gas fireplace as described in CSA 2.22, or a vented gas fireplace heater as described in CSA 2.33, that is fuelled by natural gas or propane; (foyer à gaz)

"gas furnace" means an automatic operating gas-fired central forced air furnace that uses propane or natural gas and has an input rate not exceeding 117.23 kW (400 000 Btu/h), but does not include a furnace for a mobile home or a recreational vehicle; (générateur d'air chaud à gaz)

"gas range" means a household propane or natural gas range with an electrical power source, that is used for food preparation and that provides one or any combination of the following functions, namely,

(a) top or surface cooking,

(b) oven cooking, or

"gas water heater" means a stationary gas-heated water container with a capacity of not less than 76 L (20 US gallons) and not more than 380 L (100 US gallons), that uses propane or natural gas and that has an input rating of not more than 21.97 kW (75 000 Btu/h); (chauffe-eau à gaz)

"general service fluorescent lamp" means

(a) a rapid-start straight-shaped fluorescent lamp with a nominal overall length of 1 200 mm (48 inches), a medium bi-pin base and a nominal power of not less than 28 W,

(b) a rapid-start straight-shaped fluorescent lamp with a nominal overall length of 2 400 mm (96 inches), a recessed double contact base, a nominal power of not less than 95 W and a nominal current of 0.8 A,

(c) a rapid-start U-shaped fluorescent lamp with a nominal overall length of not less than 560 mm (22 inches) and not more than 635 mm (25 inches), a medium bi-pin base and a nominal power of not less than 28 W,

(d) an instant-start straight-shaped fluorescent lamp with a nominal overall length of 2 400 mm (96 inches), a single pin base and a nominal power of not less than 52 W, or

(e) any fluorescent lamp that is a physical and electrical equivalent of a lamp described in paragraph (a), (b), (c) or (d),

but does not include

(f) a fluorescent lamp that is specifically marked and marketed for plant growth use,

(g) a cold temperature fluorescent lamp,

(h) a coloured fluorescent lamp,

(i) a fluorescent lamp designed to be impact-resistant,

(j) a reflectorized or aperture fluorescent lamp,

(k) a fluorescent lamp designed for use in reprographic equipment,

(l) a fluorescent lamp primarily designed to produce ultra-violet radiation, or

(m) a fluorescent lamp with a colour rendering index of 82 or greater; (lampe fluorescente standard)

"general service incandescent reflector lamp" means an incandescent reflector lamp

(a) with an R bulb shape, a PAR bulb shape or a bulb shape similar to R or PAR that is neither ER nor BR, as described in ANSI C79.1,

(b) with an E26/24 single contact or E26/50 × 89 skirted, medium screw base,

(d) with a diameter greater than 70 mm (2.75 inches), and

(e) that has a nominal power of not less than 40 W and not more than 205 W,

but does not include

(f) a coloured incandescent reflector lamp, or

(g) an incandescent reflector lamp that

(i) is of the rough or vibration service type with

(A) a C-11 filament, as described in the IES Handbook, with five supports exclusive of lead wires,

(B) a C-17 filament, as described in the IES Handbook, with eight supports exclusive of lead wires, or

(ii) is of the neodymium oxide type and has a lens containing not less than 5% neodymium oxide,

(iii) has a coating or other containment system to retain glass fragments if the lamp is shattered, and is specifically marked and marketed as an impact resistant lamp,

(iv) is specifically marked and marketed for plant growth use and

(A) has a spectral power distribution that is different from that of the lamps described in paragraphs (a) to (e), and

(B) contains a filter that suppresses yellow and green portions of the spectrum, or

(v) is specifically marked and marketed

(A) as an infrared heat lamp,

(B) for heat-sensitive use,

(D) for marine, aquarium, terrarium or vivarium use, or

(E) for airfield, aircraft or automotive use; (lampe-réflecteur à incandescence standard)

"ground-source heat pump" means a ground-source heat pump that is a factory-built single package or a split-system matching assembly, that has a cooling or heating capacity of less than 40 kW (135 000 Btu/h) and is intended for application in an open or closed-loop ground-source system; (thermopompe géothermique)

"ground or water source heat pump" [Repealed, SOR/99-25, s. 1]

"hang tag" means a label that is attached to an energy-using product by means of material that is looped around a section of the product in such a way that the label hangs freely from the product; (étiquette volante)

"household" means manufactured or sold primarily for use in a domestic establishment; (domestique)

"ice-maker" means a factory-assembled automatic ice-maker with a capacity of not less than 23 kg/d (51 pounds/day) but not more than 1 000 kg/d (2 200 pounds/day) that produces cubed, flaked, crushed or fragmented ice in either a batch or a continuous process; (machine à glaçons)

"IEC" means the International Electrotechnical Commission; (CEI)

"IEC 34-5" means the IEC standard with reference number CEI/IEC 34-5: 1991 entitled Rotating electrical machines - Part 5: Classification of degrees of protection provided by enclosures of rotating electric machines (IP code); (CEI 34-5)

"IEC 529" means the IEC standard with reference number CEI/IEC 529: 1989 entitled Degrees of protection provided by enclosures (IP Code); (CEI 529)

"IES" means the Illuminating Engineering Society of North America; (IES)

"IES Handbook" means the IES publication entitled Lighting Handbook, 8th edition; (manuel IES)

"IES LM9" means the IES standard IES LM-9-88 entitled IES Approved Method for the Electrical and Photometric Measurements of Fluorescent Lamps; (IES LM9)

"IES LM16" [Repealed, SOR/2003-136, s. 1]

"IES LM58" [Repealed, SOR/2003-136, s. 1]

"incandescent reflector lamp" means a lamp in which light is

(a) produced by a filament heated to incandescence by an electric current, and

(b) directed by an inner reflective coating on the outer bulb; (lampe-réflecteur à incandescence)

"instrument transformer" means a transformer that, while substantially preserving the phase relation and waveform, reproduces in its secondary circuit the voltage and current of the primary circuit within a defined and known proportion; (transformateur de mesure)

"integral gear assembly" means a product that is comprised of a motor and a gear mechanism that are combined in such a manner that

(a) the end bracket or mounting flange forms an integral part of both the motor and the gear mechanism, and

(b) if the motor and the gear mechanism are separated, only one of them remains intact; (assemblage d'engrenages intégrés)

"integral gear motor" [Repealed, SOR/97-529, s. 1]

"integrated over/under washer-dryer" means a household appliance with

(a) a clothes washer component,

(b) a clothes dryer component, located either above or below the clothes washer component,

(d) one power source; (laveuse-sécheuse)

"internal water loop heat pump" means a water source heat pump that is a factory-built single package or a split-system matching assembly, is intended for installation in an internal water loop system and does not exceed 40 kW (135 000 Btu/h) in cooling or heating capacity; (thermopompe à circuit d'eau interne)

"IP code" means the classification of the degree of protection provided by an enclosure, as contained in IEC 34-5, IEC 529 or NEMA MG-1; (code IP)

"lamp efficacy" means the number of lumens per watt determined by

(a) dividing a lamp's luminous flux by the lamp's power measured under equilibrium conditions at the time of determining the luminous flux, and

(b) rounding the number calculated pursuant to paragraph (a) to the nearest whole number for general service fluorescent lamps and to the nearest half number for general service incandescent reflector lamps; (efficacité lumineuse)

"large air-conditioner" means a commercial or industrial unitary air-conditioner with a cooling capacity of not less than 19 kW (65 000 Btu/h) but not more than 73 kW (250 000 Btu/h); (climatiseur de grande puissance)

"large condensing unit" means a commercial or industrial condensing unit intended for air-conditioning applications with a cooling capacity of not less than 19 kW (65 000 Btu/h) but not more than 73 kW (250 000 Btu/h); (groupe compresseur-condenseur de grande puissance)

"large heat pump" means a commercial or industrial unitary heat pump intended for air-conditioning and space-heating applications with a cooling capacity of not less than 19 kW (65 000 Btu/h) but not more than 73 kW (250 000 Btu/h); (thermopompe de grande puissance)

"luminous flux" means

(a) for general service fluorescent lamps, the lumen output determined according to the integrating sphere or intensity distribution methods contained in IES LM9 applied in such a manner that the lamps are operated

(i) at the appropriate voltage and current described in

(A) ANSI C78.375, and

(B) ANSI C78.1 or ANSI C78.3, and

(ii) using the appropriate reference ballast described in ANSI C82.3, and

(b) for general service incandescent reflector lamps, the lumen output determined according to CSA C862; (flux lumineux)

"model number" means, in respect of any model of an energy-using product other than a motor, the designator that is assigned to that model for the purposes of these Regulations and that distinguishes it from similar models; (numéro du modèle)

"modular cooking top" means a cartridge that consists of one or more surface elements and that can be plugged into a receptacle on the surface of an electric range; (table de cuisson modulaire)

"motor" means a product described in paragraph (a) or (b) and includes any such product that is incorporated into any other product, whether or not the other product is an energy-using product:

(a) a continuous duty operation, open or enclosed, electric induction motor of the polyphase, squirrel cage, NEMA design A- or B-type, that is designed to operate at a single speed and that has

(i) two, four or six poles,

(ii) a rated voltage of not more than 600 volts,

(iii) a rated frequency of 50/60 Hz or 60 Hz,

(iv) a rated power of not less than one HP and not more than 200 HP,

(v) a T frame,

(vi) a standard shaft, an R-shaft or an S-shaft,

(vii) a foot mounting, a type C face-mounting or a type D flange-mounting, and

(viii) an IP code from 00 to 66, or

(b) a maximum continuous rating, open or enclosed, electric motor of the three-phase, cage, IEC design N-type and S1 duty-type, that is designed to operate at a single speed, that is either flange-mounted or foot-mounted, and that has

(i) two, four or six poles,

(ii) a rated voltage of not more than 600 volts,

(iii) a rated frequency of 50/60 Hz or 60 Hz,

(iv) a rated power of not less than 0.746 kW and not more than 150 kW,

(v) a frame number of 90 or above, and

(vi) an IP code from 00 to 66;(moteur)

"NEMA" means the National Electrical Manufacturers Association; (NEMA)

"NEMA MG-1" means the NEMA standard MG 1-1993 entitled NEMA Standards Publication No. MG 1-1993 Motors and Generators; (NEMA MG-1)

"oil-fired boiler" means a boiler that is intended for application in a low pressure steam or hot water central heating system, that has an input rate not exceeding 88 kW (300 000 Btu/h) and that is either

(a) exclusively oil-fired, or

(b) capable of being fired, at the choice of the user, by either oil or another fuel; (chaudière à mazout)

"oil-fired furnace" means a warm-air furnace, other than a furnace for mobile homes or recreation vehicles, having an input rate not exceeding 65.92 kW (225 000 Btu/h) and that is either

(a) exclusively oil-fired, or

(b) capable of being fired, at the choice of the user, by either oil or another fuel; (générateur d'air chaud à mazout)

"oil-fired water heater" means an oil-fired water heater that has an input rating of not more than 30.5 kW (0.75 US gallons per hour) and a storage capacity of not more than 190 L (50 US gallons); (chauffe-eau à mazout)

"packaged terminal air-conditioner" means a factory-built packaged terminal air-conditioner

(a) that consists of a wall sleeve and a separate unencased cooling component and that is intended to cool a single room or zone, or

(b) that consists of a wall sleeve and a separate unencased combination of heating and cooling components and that is intended to heat and cool a single room or zone; (climatiseur terminal autonome)

"packaged terminal heat pump" means a factory-built packaged terminal heat pump that consists of a separate unencased refrigeration system and that utilizes reverse cycle refrigeration as its prime heat source; (thermopompe terminale autonome)

"portable" means designed not to be permanently connected to a household water and electric supply; (mobile)

"power" in respect of a lamp, means the lamp's electrical power input measured in watts as determined in the course of measuring the lamp's luminous flux; (puissance)

"power factor" means the power input in watts divided by the product of the input voltage and the input current of a fluorescent lamp ballast, as measured under test conditions specified in CSA C654; (coefficient de puissance)

"rectifier transformer" means a transformer that operates at the fundamental frequency of an alternating current system and that is designed to have one or more output windings conductively connected to the main electrodes of a rectifier; (transformateur redresseur)

"refrigerator or combination refrigerator-freezer" means a household refrigerator or combination refrigerator-freezer that has a capacity of not more than 1 100 L (39 cubic feet), but does not mean a refrigerator that employs an absorption refrigeration system; (réfrigérateur ou réfrigérateur-congélateur)

"room air-conditioner" means a single-phase electric room air-conditioner that is not a packaged terminal air-conditioner and that does not exceed 10.55 kW (36 000 Btu/h) in cooling capacity; (climatiseur individuel)

"sealed transformer" means a transformer that is designed to remain hermetically sealed under specified conditions of temperature and pressure; (transformateur hermétique)

"self-cleaning" in respect of an oven, means utilising a special cycle to remove oven soil; (autonettoyant)

"single package central air-conditioner" means a single-phase or three-phase central air-conditioner that is a factory-built single package and that has a cooling capacity of less than 19 kW (65 000 Btu/h); (climatiseur central monobloc)

"single package heat pump" means a single-phase or three-phase air-to-air heat pump that is a factory-built single package and that has a cooling or heating capacity of less than 19 kW (65 000 Btu/h); (thermopompe monobloc)

"single package central air-conditioner or heat pump" [Repealed, SOR/99-25, s. 1]

"size category" means

(a) for an energy-using product set out in column I of an item of Part I of Schedule V, the applicable width set out in column II of that item,

(b) for an energy-using product set out in column I of an item of Part II of Schedule V, the capacity range set out in column II of that item within which the actual size of the product falls or that is closest to the actual size of the product, and

(c) for clothes dryers, clothes washers, dishwashers and integrated over/under washer-dryers, standard or compact; (catégorie de grosseur)

"split-system central air-conditioner" means a single-phase or three-phase central air conditioner that is a factory-built split-system matching assembly and that has a cooling capacity of less than 19 kW (65 000 Btu/h); (climatiseur central bibloc)

"split-system heat pump" means a single-phase or three-phase air-to-air heat pump that is a factory-built split-system matching assembly and that has a cooling or heating capacity of less than 19 kW (65 000 Btu/h); (thermopompe bibloc)

"split-system central air-conditioner or heat pump" [Repealed, SOR/99-25, s. 1]

"standard", when used as a size category, means, with respect to

(a) clothes dryers, having a drum capacity of not less than 125 L (4.4 cubic feet),

(b) clothes washers, having a container capacity of not less than 45 L (1.6 cubic feet),

(c) dishwashers, having a capacity equal to or greater than eight place settings and six serving pieces as defined in ANSI/AHAM DW-1, and

(d) integrated over/under washer-dryers, having a clothes dryer component with a drum capacity of not less than 125 L (4.4 cubic feet) and a clothes washer component with a container capacity of not less than 45 L (1.6 cubic feet); (ordinaire)

"test group" means, with respect to

(a) clothes dryers, clothes washers and integrated over/under washer-dryers, the size category,

(b) dishwashers, electric ranges referred to in paragraphs (a) and (b) of the definition "electric range", freezers, refrigerators and combination refrigerator-freezers, the type and the size category,

(d) room air-conditioners, the type and the cooling capacity category; (groupe d'essai)

"testing transformer" means a transformer used in a circuit to produce a specific voltage or current for the purpose of testing electrical equipment; (transformateur de contrôle)

"transformer" means a static-electric device consisting of two or more coils of insulated wire, together with the necessary accessories, that transfers alternating current by electromagnetic induction from one coil to another in order to change the original voltage; (transformateur)

"type" means, with respect to

(a) dishwashers, built-in or portable,

(b) electric ranges referred to in paragraph (e) of the definition "electric range", all models,

(c) electric ranges other than those described in paragraph (e) of the definition "electric range", self-cleaning or non-self-cleaning,

(d) freezers manufactured

(i) on or after February 3, 1995 and before July 1, 2001, one described in any of the product classes (8) to (10) of Table 9.1 to CSA C300, and

(ii) on or after July 1, 2001, one described in any of the product types (8) to (10) and (16) to (18) of Table 1 to CSA C300-00,

(e) refrigerators or combination refrigerator-freezers manufactured

(i) on or after February 3, 1995 and before July 1, 2001, one described in any of the product classes (1) to (7) of Table 9.1 to CSA C300, and

(ii) on or after July 1, 2001, one described in any of the product types (1) to (7) and (11) to (15) of Table 1 to CSA C300-00, and

(f) room air-conditioners that are

(i) louvred with reverse cycle,

(ii) louvred without reverse cycle,

(iii) non-louvred with reverse cycle,

(iv) non-louvred without reverse cycle,

(v) casement-only, or

(vi) casement-slider; (type)

"unique motor identifier" means, with respect to a motor, an identifier comprised of the information set out below, in the following sequence:

(a) the name of the manufacturer, in abbreviated form,

(b) with respect to a motor referred to in

(i) paragraph (a) of the definition "motor", the power in HP, and

(ii) paragraph (b) of the definition "motor", the power in kW,

(d) whether it is open or enclosed; (identificateur unique du moteur)

"V" means, with respect to

(a) clothes dryers, the volume in litres of drum capacity,

(b) clothes washers, the volume in litres of basket capacity,

(d) electric ranges and gas ranges manufactured

(i) on or after February 3, 1995 and before January 1, 2000, the volume in litres of usable oven space calculated in accordance with clause 6.4 of CSA C358, and

(ii) on or after January 1, 2000, the volume in litres of usable oven space calculated in accordance with clause 7 of CSA C358-95,

(e) electric water heaters, gas water heaters and oil-fired water heaters, the volume in litres of storage tank capacity, and

(f) integrated over/under washer-dryers, the volume in litres of basket capacity for the clothes washer component and the volume in litres of drum capacity for the clothes dryer component; (V)

"wall-mounted" means supported by a wall; (mural)

"welding transformer" means a transformer used in arc welding equipment or resistance welding equipment. (transformateur de soudage)

(2) Subject to subsection 4(4), any reference in these Regulations to an ANSI, CGA, CIE, CSA or IES standard shall be read as a reference to the standard as amended from time to time.

(3) Any calculation or measurement that is referred to in these Regulations with respect to an energy-using product shall be done in accordance with the methods set out in the applicable ANSI, CGA, CIE, CSA or IES standard, if any. SOR/95-173, s. 1; SOR/95-522, s. 1; SOR/97-529, s. 1; SOR/99-25, s. 1; SOR/2001-150, s. 1; SOR/2003-136, s. 1; SOR/2003-321, s. 1.

PART I
ENERGY-USING PRODUCTS

3. (1) Subject to subsections (2) to (9), the following products are prescribed as energy-using products:

(a) clothes dryers;

(b) clothes washers;

(b.1) dehumidifiers;

(d) electric ranges;

(e) electric water heaters;

(f) fluorescent lamp ballasts;

(g) freezers;

(h) gas boilers;

(h.1) gas furnaces;

(h.2) gas fireplaces;

(i) gas ranges;

(j) gas water heaters;

(j.1) general service fluorescent lamps;

(j.2) general service incandescent reflector lamps;

(j.3) BR lamps;

(j.4) ER lamps;

(k) ground-source heat pumps;

(k.1) ice-makers;

(l) integrated over/under washer-dryers;

(m) internal water loop heat pumps;

(m.1) large air-conditioners;

(m.2) large condensing units;

(m.3) large heat pumps;

(n) motors;

(n.1) oil-fired boilers;

(n.2) oil-fired furnaces;

(o) oil-fired water heaters;

(o.1) packaged terminal air-conditioners;

(o.2) packaged terminal heat pumps;

(p) refrigerators and combination refrigerator-freezers;

(q) room air-conditioners;

(r) single package central air-conditioners;

(s) single package heat pumps;

(t) split-system central air-conditioners;

(u) split-system heat pumps; and

(v) dry-type transformers.

(2) Subject to subsection (6), for the purposes of Parts II to V, a product referred to in any of paragraphs (1)(a), (b), (c) to (g), (h.1), (i), (j), (k), (l), (m), (n), (o) and (p) to (u) shall not be considered to be an energy-using product unless its manufacturing process is completed on or after February 3, 1995.

(3) Before December 31, 1996, for the purposes of Parts II, III and V, a product referred to in paragraph (1)(j.1) shall not be considered to be an energy-using product unless its manufacturing process is completed on or after February 1, 1996.

(4) Before December 31, 1996, for the purposes of Parts II, III and V, a product referred to in paragraph (1)(j.2) shall not be considered to be an energy-using product unless its manufacturing process is completed on or after April 1, 1996.

(5) For the purposes of Part IV, a product referred to in paragraph (1)(j.1) or (j.2) shall not be considered to be an energy-using product unless its manufacturing process is completed on or after December 31, 1996.

(6) For the purposes of Parts II to V, a product referred to in paragraph (1)(n) that is an explosion-proof motor or that is contained within an integral gear assembly is not considered to be an energy-using product unless its manufacturing process is completed on or after November 27, 1999.

(7) For the purposes of Parts II to V, a product referred to in any of paragraphs (1)(b.1), (k.1), (m.1) to (m.3), (n.2), (o.1) and (o.2) shall not be considered to be an energy-using product unless its manufacturing process is completed on or after December 31, 1998.

(8) For the purposes of Parts II, III and V, a product referred to in paragraph (1)(h) or (n.1) shall not be considered to be an energy-using product unless its manufacturing process is completed on or after December 31, 1998.

(9) For the purposes of Part IV, a product referred to in paragraph (1)(h) or (n.1) shall not be considered to be an energy-using product unless its manufacturing process is completed on or after June 30, 1999.

(10) For the purposes of Parts II to V, a product referred to in paragraph (1)(j.3) or (j.4) shall not be considered to be an energy-using product unless its manufacturing process is completed on or after January 1, 2003.

(11) For the purposes of Parts II to V, a product referred to in paragraph (1)(v) shall not be considered to be an energy-using product unless its manufacturing process is completed on or after January 1, 2005.

(12) For the purposes of Parts III to VI, a product referred to in paragraph (1)(h.2) shall not be considered to be an energy-using product unless its manufacturing process is completed on or after June 1, 2003. SOR/95-173, s. 3(F); SOR/95-522, s. 2; SOR/97-529, s. 2; SOR/99-25, s. 2; SOR/2003-136, s. 2; SOR/2003-321, s. 2.

PART II
ENERGY EFFICIENCY STANDARDS

4. (1) Subject to subsections (1.1) to (3),

(a) for an energy-using product referred to in any of paragraphs 3(1)(a) to (h.1), (i), (j), (k) to (m.3) and (n.1) to (v), an energy efficiency standard set out in column III of an item of Part 1 of Schedule I applies to the product set out in column I of that item if the manufacturing process of the product is completed during the period set out in column IV of that item;

(b) for an energy-using product referred to in any of paragraphs 3(1)(j.1) to (j.4), an energy efficiency standard set out in column III of an item of Part 1 of Schedule I applies to the product set out in column I of that item; and

(i) if the manufacturing process of the product is completed on or after February 3, 1995 and before November 27, 1997 an energy efficiency standard set out in Table 3 of CSA C390 applies,

(ii) if the manufacturing process of the product is completed on or after November 27, 1997

(A) an energy efficiency standard set out in column II of an item of Part 2 of Schedule I applies to any such product the power of which is set out in column I of that item if the product is one described in paragraph (a) of the definition "motor" in subsection 2(1), or

(B) an energy efficiency standard set out in column II of an item of Part 3 of Schedule I applies to any such product the power of which is set out in column I of that item if the product is one described in paragraph (b) of the definition "motor" in subsection 2(1),

(iii) for the purposes of clause (ii)(A), if the power of a product described in paragraph (a) of the definition "motor" in subsection 2(1) is not set out in Part 2 of Schedule I, the power of that product is deemed to be the power set out in that Part that is both

(A) lower than the actual power of the product, and

(B) closest to the actual power of the product, and

(iv) for the purposes of clause (ii)(B), if the power of a product described in paragraph (b) of the definition "motor" in subsection 2(1) is not set out in Part 3 of Schedule I, the power of that product is deemed to be the power set out in that Part that is both

(A) lower than the actual power of the product, and

(B) closest to the actual power of the product.

(1.1) During the period beginning on April 1, 2005 and ending on March 31, 2010, an energy-using product referred to in paragraph 3(1)(f) need only comply with the energy efficiency standard set out in column III of item 11 of Part 1 of Schedule I if

(a) the manufacturing process of the product is completed during the period beginning on April 1, 2005 and ending on March 31, 2010;

(b) the product is specifically marketed for use as a replacement lamp ballast for an existing fluorescent luminaire installation;

(d) the product has output leads that, when fully extended, are shorter than the length of the fluorescent lamp with which it is intended to operate; and

(e) the product is sold by a dealer in a package that contains not more than 10 ballasts.

(2) An energy-using product set out in column I of an item of Part 1 of Schedule I complies with the energy efficiency standard referred to in subsection (1) only if the product meets that standard when tested in accordance with testing procedures established by the ANSI, CGA, CIE, CSA or IES standard, if any, set out in column II of that item that is applicable to the product as defined in these Regulations.

(3) An energy-using product referred to in paragraph 3(1)(n), the power of which is set out in column I of an item of Part 2 or 3 of Schedule I, complies with the energy efficiency standard referred to in subsection (1) only if the product meets that standard when tested in accordance with the Method (1) testing procedure established by CSA C390-98.

(4) A reference to a CSA standard set out in column III of Part 1 of Schedule I shall be read as a reference to that standard as it read on July 31, 2002. SOR/95-522, s. 3; SOR/97-529, s. 3; SOR/99-25, s. 3; SOR/2003-136, s. 3; SOR/2003-321, s. 3.

PART III
LABELLING

Application

5. This Part applies to the following energy-using products:

(a) clothes dryers;

(b) clothes washers;

(d) electric ranges;

(e) freezers;

(f) integrated over/under washer-dryers;

(g) refrigerators and combination refrigerator-freezers; and

(h) room air-conditioners.

Energy Efficiency Labelling

6. The form of labelling an energy-using product with respect to its energy efficiency is set out in Schedule II for products listed in paragraphs 5(a) to (g) and in Schedule III for room air-conditioners.

7. The manner of labelling an energy-using product with respect to its energy efficiency is by attaching an adhesive tag, a flap tag or a hang tag to the product in such a manner that the tag is readily visible when the product is viewed from the front.

8. The paper stock that is used for adhesive tags or flap tags shall weigh, exclusive of the release liner and the adhesive, not less than the equivalent of 26.31 kg (58 pounds) per 500 sheets measuring 63.5 cm (25 inches) by 96.52 cm (38 inches).

9. The adhesive that is used to attach an adhesive tag or a flap tag to an energy-using product shall

(a) render the tag easily removable from the energy-using product without the use of any tool or liquid other than water; and

(b) have an adhesion capacity sufficient to prevent dislodgement of the tag from the energy-using product under normal conditions of handling.

10. (1) The paper stock that is used for hang tags shall weigh not less than the equivalent of 49.9 kg (110 pounds) per 500 sheets measuring 64.77 cm (25.5 inches) by 77.47 cm (30.5 inches).

(2) The material that is used to attach each hang tag to an energy-using product shall be of sufficient strength to ensure that when gradual pressure is applied to the hang tag by pulling it away from the product, the hang tag will tear before the material breaks.

PART IV
VERIFICATION MARK

11. (1) Subject to subsections (2) and (4), a dealer shall ensure that a verification mark is affixed to the exterior of any energy-using product in the possession of the dealer or the dealer's consignee, before the product leaves the possession of the dealer or the dealer's consignee, that indicates that the product meets

(a) the requirements of an energy performance verification program referred to in subsection (2); or

(b) provincial energy efficiency standards, provided that those provincial standards are equivalent to or exceed the energy efficiency standards referred to in section 4.

(2) The verification mark described

(a) in paragraph (1)(a) shall be a verification mark issued by the organization described in paragraph (3)(b) whose energy performance verification program requirements the product meets; and

(b) in paragraph (1)(b) shall be a verification mark issued by the province whose energy efficiency standards the product meets.

(3) An energy performance verification program for an energy-using product is a program that

(a) establishes requirements to determine whether the energy-using product meets the applicable energy efficiency standard referred to in section 4, if any;

(a.1) in respect of an energy-using product for which a report is required under subsection 5(1) of the Act, establishes requirements to determine whether the energy-using product is as efficient as stated in the report; and

(b) is maintained by an organization that

(i) is accredited by the Standards Council of Canada as a certification organization in respect of any of the following classes of products, or an equivalent, in which the energy-using product is included, namely,

(A) electrical and electronic products,

(B) fuel-burning equipment, or

(ii) is recognized by the Minister as the administrator of a program to establish requirements referred to in paragraph (a).

(4) In respect of an energy-using product referred to in paragraph 3(1)(j.1) or (j.2), the verification mark described in subsection (1) may be affixed to the exterior of the product's package. SOR/95-522, s. 4; SOR/2003-321, s. 4.

PART V
REPORTING

12. (1) A report required to be filed pursuant to subsection 5(1) of the Act shall be filed with the Minister

(a) by any form of electronic communication, facsimile, hand delivery or mail; and

(b) at any time before the energy-using product to which the report pertains has been shipped from the province in which it was manufactured to another province or imported into Canada.

(2) A report referred to in subsection (1) shall contain the following information in respect of the energy-using product:

(a) the name of the product;

(b) the brand name of the product;

(d) the name of the product's manufacturer;

(e) the name of the organization or province whose verification mark will be affixed to the product in accordance with Part IV of these Regulations; and

(f) if the product is set out in column I of an item of Schedule IV, the applicable information described in column III of that item, which information shall be collected in accordance with the applicable standard, if any, set out in column II of that item. SOR/99-25, s. 4; SOR/2003-136, s. 4.

PART VI
INFORMATION PERTAINING TO IMPORTS

13. A dealer importing an energy-using product into Canada shall provide the Minister with the following information:

(a) the name of the product using one of the names set out in subsection 3(1);

(b) the model number or unique motor identifier of the product, as the case may be;

(d) the address of the dealer; and

(e) for which of the following purposes the product is being imported:

(i) sale or lease in Canada without modification,

(ii) sale or lease in Canada after being modified to comply with the applicable energy efficiency standard, or

(iii) use as a component for incorporation into any other product that is to be exported from Canada. SOR/2003-136, s. 5.

14. Provision of the information referred to in section 13 shall be effected before the release, under section 31 of the Customs Act, of an energy-using product, by inclusion of the information in the appropriate document described in section 6 of the Accounting for Imported Goods and Payment of Duties Regulations, which is to be given to an officer at the customs office, sufferance warehouse or bonded warehouse where the energy-using product is to be released.

PART VII
EXEMPTIONS FROM PROVISIONS OF THE ACT

15. (1) A dealer is exempt from the application of paragraph 4(1)(a) of the Act and section 5 of the Act with respect to an energy-using product where the dealer, for the purpose of modifying the 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.

(2) The dealer referred to in subsection (1) shall

(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) provide the Minister, within 120 days after the day on which the product is shipped or imported, with the information referred to in subsection 12(2); and

(c) provide the Minister, on request, with any further information required by the Minister to satisfy the Minister that the product complies with the applicable energy efficiency standard. SOR/95-173, s. 2(F); SOR/2003-136, s. 6.

16. (1) A dealer is exempt from the application of sections 4 and 5 of the Act with respect to an energy-using product referred to in paragraphs 3(1)(a) to (m) or (o) to (s) where the dealer, for the purposes of incorporating the energy-using product into any other product that is to be exported from Canada, ships the energy-using product from the province in which it was manufactured to another province or imports the energy-using product into Canada.

(2) The dealer referred to in subsection (1) shall

(a) ensure that the product is exported from Canada within 90 days after the day on which it is shipped or imported; and

(b) provide the Minister, within 120 days after the day on which the product is shipped or imported, with proof that the product has been exported from Canada. SOR/97-529, s. 4.

16.1 (1) A dealer is exempt from the application of sections 4 and 5 of the Act with respect to an energy-using product referred to in paragraph 3(1)(n) where

(a) the product is shipped from the province in which it was manufactured to another province or is imported into Canada, for the purposes of being used as a component for incorporation into any other product that is to be exported from Canada; and

(b) the product is the subject of a record referred to in subsection (2).

(2) The dealer referred to in subsection (1) must keep a record that contains the following information concerning a product referred to in paragraph 3(1)(n):

(a) the name and address of the person from whom the product was obtained;

(b) the quantity and description of the product;

(d) the date on which the dealer sold the product; and

(e) the name and address of the purchaser.

(3) No dealer may effect a retail sale within Canada or a lease to a lessee within Canada of a product described in subsection (1). SOR/97-529, s. 5.

17. A dealer is exempt from the application of sections 4 and 5 of the Act with respect to an energy-using product where the dealer, for the purpose of exporting the energy-using product to a destination outside Canada, ships the product from the province in which it was manufactured to another province or imports the product into Canada.

17.1 If a report under section 5 of the Act has been filed in respect of a particular motor, all other motors that have the same unique motor identifier as that motor and that are at least as energy efficient as that motor are exempt from the application of section 5 of the Act. SOR/97-529, s. 6.

PART VIII
COMING INTO FORCE

18. These Regulations come into force three months after the day on which they are published in the Canada Gazette Part II.

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				Important Notices