MEMORANDUM D19-6-3

Ottawa, August 15, 2001

IMPORTATION OF ENERGY-USING PRODUCTS

The Canada Customs and Revenue Agency (CCRA) assists Natural Resources Canada (NRCan) in the administration of the Energy Efficiency Act and the Energy Efficiency Regulations. This Memorandum outlines the procedures for the control of shipments of energy-using products. These regulations do not apply to personal importations.

NRCan's Energy Efficiency Act and Energy Efficiency Regulations prohibit the importation of certain energy-using products unless they meet specific requirements. Importers of these regulated products must provide the customs office with an extra copy of the Canada Customs Invoice (or other release document), and for electronic releases, NRCan data elements must appear on the release request.

TABLE OF CONTENTS

• Legislation
• Guidelines and General Information
  • Definitions
  • Requirements of the Energy Efficiency Act and Energy Efficiency Regulations
  • Invoice Requirements
  • Detention
  • Proof of Export
  • Penalties
  • Additional Information

Legislation

Subsection 4(1) of the Energy Efficiency Act states:

"No dealer shall, for the purpose of sale or lease, ship an energy-using product from the province in which it was manufactured to another province, or import an energy-using product into Canada unless

(a) the product complies with energy-efficiency standards; and

(b) the product or its package is labelled in the prescribed form and manner, if any."

GUIDELINES AND GENERAL INFORMATION

Definitions

1. The following definitions are to be used in the application of this Memorandum:

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

"built-in" with respect to electric ranges means supported by surrounding cabinetry, walls or other similar structures; (encastré)

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

"clothes washer" means a standard or compact electrically operated household automatic clothes washer that is top loaded or front loaded, other than a wringer washer or twin-tub washer and spinner; (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 reference to:

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

(b) dishwashers, having an exterior width of less than 56 cm (22 inches); (compact)

"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)

"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 which are obtained, directly or indirectly, from a person who manufactures energy-using products in Canada or imports them into Canada or an agent thereof; (fournisseur)

"dehumidifier" means a factory-assembled self- contained electric dehumidifier that is mechanically operated and has a water removal capacity of not more than 30 litres per day; (déshumidificateur)

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

"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,

(c) a built-in appliance equipped with one or more ovens and no surface elements,

(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,

(g) an appliance designed for an electrical supply of 120 volts, or

(h) a household appliance with one or more tungsten halogen heating elements; (cuisinière électrique)

"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)

"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, and

(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; (ballast pour lampe fluorescente)

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

"freezer" means a freezer that has a capacity of not more than 850 L (30 cubic feet); (congélateur)

"gas boiler" means a self-contained 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 furnace" means an automatic operating gas-fired central forced air furnace that uses propane or natural gas and has an input of not more than 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)

"gas range" means a propane or natural gas appliance 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

(c) broiling; (cuisinière à gaz)

"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 purpose fluorescent lamp" means a fluorescent lamp that is a:

(a) 1200 mm (4 feet) straight-shaped and 560 to 635 mm (2') U-shaped rapid-start lamp with medium bi-pin bases and a nominal power of 28 W or more,

(b) 2400 mm (8 feet) high-output rapid-start lamp with a recessed double contact base, a nominal current of 0.8 amperes and a nominal power of 95W or more, or

(c) 2400 mm (8 feet) instant-start lamp with a single-pin base and a nominal power of 52 W or more (commonly known as a slimline lamp),

but does not include

lamps with a colour rendering index of 82 or greater and lamps for special applications, such as plant lamps, cold temperature lamps, coloured lamps, impact-resistant lamps and lamps for use in reprographic equipment; (lampe fluorescente d'usage général)

"general purpose incandescent reflector lamp" means an incandescent reflector lamp that has an R, PAR or similar bulb shape, (excluding ER and BR shapes), an E26 medium screw base, a diameter greater than 70 mm (2.75 inches), a nominal voltage or voltage range that lies between 100 and 150 volts, and a nominal power of 40 to 205 W,

but does not include

coloured lamps, rough service lamps, vibration-resistant lamps, impact-resistant lamps, "hobby" lamps (e.g., for plants or aquariums), infrared heat lamps and lamps for heat-sensitive applications; (lampe-réflecteur à incandescence d'usage général)

"ground or water source heat pump" means a ground or water source heat pump that is a factory-built single package or a split-system matching assembly, rated at a capacity of less than 35 kW (120,000 Btu/h) and intended for application in an open or closed loop ground or water source system; (thermopompe géothermique ou à eau)

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

"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)

"integral gear motor" means a special purpose motor integrally mounted onto a gear box; (moteur à engrenages intégrés)

"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,

(c) controls on one of the components, and

(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)

"large air conditioner" means a commercial or industrial air conditioner intended for air conditioning applications with a cooling capacity of not less than 19 kW (65,000 Btu/h or 68,575 kJ/h) but not more than 73 kW (250,000 Btu/h or 263,750 kJ/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 heat pump intended for space heating applications with a heating 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)

"motor" means an electric induction motor of the polyphase, squirrel cage, single-speed, Electrical and Electronic Manufacturers Association of Canada/National Electrical Manufacturers Association design A or B type that has a power of not less than 0.746 kW (one horsepower) and not more than 150 kW (200 horsepower), and includes integral gear assembly and explosion proof motor; (moteur)

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

"oil-fired furnace" means an oil-fired warm-air furnace, other than a furnace for mobile homes or recreation vehicles, having an input not exceeding 66 kW (225,000 Btu/h); (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 separated unencased refrigeration system and that utilizes reverse cycle refrigeration as its prime heat source; (thermopompe terminale autonome)

"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)

"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)

"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)

"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), and

(c) 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)

Requirements of the Energy Efficiency Act and Energy Efficiency Regulations

2. The Energy Efficiency Act has two core requirements: (1) regulated products must comply with minimum energy efficiency standards; and (2) some regulated products must bear labels indicating their efficiency performance. Regulated products do not need to be labelled as a condition of importation. You will find examples of prescribed labels in the Appendix. The one that reads "582 kWh" is for appliances, while the one that reads "10.5" is for room air conditioners.

3. For information purposes, the energy-using products that require an EnerGuide label are:

(a) clothes dryers;

(b) clothes washers;

(c) dishwashers;

(d) electric ranges;

(e) freezers;

(f) integrated over/under washer-dryers;

(g) refrigerators or combination refrigerator- freezers; and

(h) room air conditioners.

4. The energy efficiency standards are intended to eliminate the least efficient products from the marketplace. The labels provide information that assist the purchasers in the selection of the most efficient products that are available. Energy-using products, excluding fluorescent lamps and incandescent reflector lamps, manufactured prior to February 3, 1995, are not required to meet any minimum efficiency standards and labelling requirements.

5. In accordance with Part VI of the Energy Efficiency Regulations, a dealer importing an energy-using product must provide NRCan with the following information:

(a) the name of the product using one of the names identified in paragraph 6;

(b) the model number of the product or in the case of motors, the UMI (Unique Motor Identifier);

(c) the brand, if any, of the product;

(d) the address of the dealer; and

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

(1) sale or lease in Canada without modification,

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

(3) use as a component for incorporation into any other product that is to be exported from Canada.

6. The required information is to be included on the Canada Customs Invoice or other acceptable document such as a bill of sale, price list, facsimile, prior to customs release; this information can also be transmitted electronically using the OGD single window interface, service options 463 or 471. For information on the OGD single window interface, please visit the CCRA's Web site at www.ccra-adrc.gc.ca/customs/business/ogd/menu-e.html. This requirement applies to the following regulated energy-using products:

(a) automatic ice makers;

(b) clothes dryers;

(c) clothes washers;

(d) dehumidifiers;

(e) dishwashers;

(f) electric motors (from 1-200 HP/0.75-150 kW);

(g) electric ranges;

(h) electric water heaters;

(i) fluorescent lamp ballasts;

(j) freezers;

(k) general purpose fluorescent lamps;

(l) general purpose incandescent reflector lamps;

(m) gas boilers;

(n) gas furnaces;

(o) gas ranges;

(p) gas water heaters;

(q) ground or water source heat pumps;

(r) integrated over/under washer-dryers;

(s) internal water loop heat pumps;

(t) large air conditioners, heat pumps and condensing units;

(u) oil-fired boilers;

(v) oil-fired furnaces;

(w) oil-fired water heaters;

(x) packaged terminal air conditioners and heat pumps;

(y) refrigerators and combination refrigerator-freezers;

(z) room air conditioners;

(aa) single-phase and three-phase single package central air conditioners and heat pumps; and

(bb) single-phase and three-phase split-system central air conditioners and heat pumps.

7. The information requirements still apply to regulated energy-using products even if these products are incorporated into any other article, i.e., electric motor can be part of a hoist, a fan, a blower, or a pump; a ballast can be part of a fluorescent lighting fixture.

Invoice Requirements

8. To meet the requirements of the Energy Efficiency Regulations, dealers who import commercial shipments of regulated energy-using products that are for sale or lease in Canada or are incorporated into any other product for export, regardless of the date of manufacture, will provide the CCRA, at time of release, with an extra copy of the Canada Customs Invoice or other acceptable document such as a bill of sale, price list, facsimile; this information may also be transmitted electronically. This document or the electronic transmission must contain the information required by the CCRA for customs purposes as well as that required by the Energy Efficiency Regulations. Additionally, the transaction number should be indicated on the extra invoice copy and a notation that states that the document is for NRCan.

9. The CCRA will forward the document containing the information required to NRCan on a weekly basis. The address is:

Office of Energy Efficiency
Housing, Buildings and Regulations Division
Natural Resources Canada
580 Booth Street
Ottawa ON  K1A 0E4

10. With respect to importations of motors, it will facilitate NRCan's procedures if further information in addition to that required under the Energy Efficiency Regulations is provided. The additional information is the name of the manufacturer, motor type, motor's revolutions per minute, power in horsepower or kilowatt (HP or KW) and enclosure type (open or enclosed). As this is not a mandatory requirement, the customs release office will not detain shipments of motors if this additional information is not provided.

Detention

11. If the information required by the Energy Efficiency Regulations is not provided by the dealer, the customs release office will detain the shipment until this requirement is met.

Proof of Export

12. For energy-using products that are imported for incorporation into another article and then exported from Canada, the dealer must provide NRCan with proof of export. The following documents are acceptable as proof of export: bill of lading, fully completed foreign customs documentation, Form B13, Export Declaration, or Form E15, Certificate of Destruction/ Exportation.

Penalties

13. Every person who contravenes subsection 4(1) of the Energy Efficiency Act is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $50,000, or is guilty of an indictable offence and liable to a fine not exceeding $200,000.

Additional Information

14. For further information concerning the Energy Efficiency Act and Energy Efficiency Regulations, please contact NRCan at:

Office of Energy Efficiency
Housing, Buildings and Regulations Division
580 Booth Street
Ottawa ON  K1A 0E4

Facsimile: (613) 947-0373

or visit their Web site: www.oee.nrcan.gc.ca

15. If further information is required on customs processing for goods subject to the Energy Efficiency Regulations, please contact:

APPENDIX

LABELS / ÉTIQUETTES

REFERENCES

ISSUING OFFICE -

Admissibility Programs Division Trade Policy and Interpretation Directorate

LEGISLATIVE REFERENCES -

Energy Efficiency Act, subsection 4(1)Energy Efficiency Regulations

HEADQUARTERS FILE -

7614-6

SUPERSEDED MEMORANDA "D" -

D19-6-3, November 15, 1996

OTHER REFERENCES -

N/A

Services provided by the Canada Customs and Revenue Agency are available in both official languages.

This Memorandum is issued under the authority of the Commissioner of Customs and Revenue.