Memorandum D19-6-3

Importation of Energy-Using Products

Ottawa, January 25, 2013

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In Brief

This memorandum has been revised to reflect the Amendment 11 to the Energy Efficiency Regulations; it outlines responsibilities of the Canada Border Services Agency and Natural Resources Canada and provides procedures for the control of importation of energy-using products.

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Importation of Energy-Using Products

1. The Canada Border Services Agency (CBSA) 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 importation of energy-using products. These regulations do not apply to personal importations.

2. The Energy Efficiency Act and Energy Efficiency Regulations prohibit the importation of certain energy-using products unless they meet specific requirements. Importers, who are dealers of these regulated products, must provide the CBSA with prescribed data elements to be included in the release package transmitted electronically to the CBSA through the Other Government Department (OGD) Interface.

Legislation

Canada Border Services Agency Act

Subsections 5(1) and 5(2) state:

5. (1) The Agency is responsible for providing integrated border services that support national security and public safety priorities and facilitate the free flow of persons and goods, including animals and plants, that meet all requirements under the program legislation, by

• (a)  supporting the administration or enforcement, or both, as the case may be, of the program legislation;
• (b)  implementing agreements between the Government of Canada or the Agency and a foreign state or a public body performing a function of government in a foreign state to carry out an activity, provide a service or administer a tax or program;
• (c) implementing agreements between the Government of Canada or the Agency and the government of a province or other public body performing a function of the Government in Canada to carry out an activity, provide a service or administer a tax or program;
• (d)  implementing agreements or arrangements between the Agency and departments or agencies of the Government of Canada to carry out an activity, provide a service or administer a program; and
• (e) providing cooperation and support, including advice and information, to other departments and agencies of the Government of Canada to assist them in developing, evaluating and implementing policies and decisions in relation to program legislation for which they have responsibility.

Support

(2) The Agency may provide support, through the provision of services, to departments and agencies for which the Minister is responsible, in accordance with agreements or arrangements entered into with those departments and agencies.

Customs Act

Sections 12, 31, 95, 99, 101, and 107 state:

Report

12. (1) Subject to this section, all goods that are imported shall, except in such circumstances and subject to such conditions as may be prescribed, be reported at the nearest customs office designated for that purpose that is open for business.

Release

31. Subject to section 19, no goods shall be removed from a customs office, sufferance warehouse, bonded warehouse or duty free shop by any person other than an officer in the performance of his or her duties under this or any other Act of Parliament unless the goods have been released by an officer or by any prescribed means.

Exportation

95. (1) Subject to paragraph (2)(a), all goods that are exported shall be reported at such time and place and in such manner as may be prescribed.

Regulations

(2) The Governor in Council may prescribe

• (a)  the classes of goods that are exempted from the requirements of subsection (1) and the circumstances in which any of those classes of goods are not so exempted; and
• (b)  the classes of persons who are required to report goods under subsection (1) and the circumstances in which they are so required.

Obligation to answer questions and present goods

(3) Every person reporting goods under subsection (1) shall

• (a)  answer truthfully any question asked by an officer with respect to the goods; and
• (b)  where an officer so requests, present the goods to the officer, remove any covering from the goods, unload any conveyance or open any part thereof, or open or unpack any package or container that the officer wishes to examine.

Written report

(4) If goods are required to be reported in writing, they shall be reported in the prescribed form containing the prescribed information or in such form containing such information as is satisfactory to the Minister.

Examination of goods

99. (1) An officer may

• (a)  at any time up to the time of release, examine any goods that have been imported and open or cause to be opened any package or container of imported goods and take samples of imported goods in reasonable amounts;
• (c) at any time up to the time of exportation, examine any goods that have been reported under section 95 and open or cause to be opened any package or container of such goods and take samples of such goods in reasonable amounts;
• (e) where the officer suspects on reasonable grounds that this Act or the regulations or any other Act of Parliament administered or enforced by him or any regulations thereunder have been or might be contravened in respect of any goods, examine the goods and open or cause to be opened any package or container thereof.

Detention of controlled goods

101. Goods that have been imported or are about to be exported may be detained by an officer until he is satisfied that the goods have been dealt with in accordance with this Act, and any other Act of Parliament that prohibits, controls or regulates the importation or exportation of goods, and any regulations made thereunder.

Provision of information to certain persons

107. (5) An official may provide, allow to be provided or provide access to customs information to the following persons:

• (a)  a peace officer having jurisdiction to investigate an alleged offence under any Act of Parliament or of the legislature of a province subject to prosecution by indictment, the Attorney General of Canada and the Attorney General of the province in which proceedings in respect of the alleged offence may be taken, if that official believes on reasonable grounds that the information relates to the alleged offence and will be used in the investigation or prosecution of the alleged offence, solely for those purposes;
• (b)  a person that is otherwise legally entitled to the information by reason of an Act of Parliament, solely for the purposes for which that person is entitled to the information;
• (c) an official solely for the purposes of developing, administering or enforcing an Act of Parliament or developing or implementing a policy related to an Act of Parliament if the information relates to
  • (i) goods, the importation, exportation or in-transit movement of which is or may be prohibited, controlled or regulated under that Act,
  • (ii) a person who that official has reasonable grounds to believe may have committed an offence under that Act in respect of goods imported or exported by that person, or
  • (iii) goods that may be evidence of an offence under that Act;

Energy Efficiency Act

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 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."

Guidelines and General Information

Definitions

1. The following definitions of regulated energy-using products are to be used in the application of this memorandum:

"Automatic ice maker" means a factory-assembled automatic ice-maker that has a standard capacity rating of between 23 and 1000 kilograms per day (kg/d), including self-contained and split-system machines that produce cubed, flaked, crushed or fragmented ice, in either a batch or continuous process.

"Ceiling fan" means a household ceiling fan.

"Ceiling fan light kit" means equipment that is designed to be attached to a ceiling fan for the purpose of providing light.

"Chiller" means a machine designed to make use of a refrigerant cycle to remove heat from a liquid, usually water, that rejects that heat to a cooling medium, usually air or water, and the refrigerant condenser of which may, or may not be, an integral part of the machine.

"Clothes dryer" means a standard and compact electrically operated and electrically heated household tumble-type clothes dryer.

"Clothes washer" means a standard or compact electrically-operated household clothes washer that does not require mechanical fastening to a floor or wall, is top- or front-loaded, and that has an internal control system that regulates the water temperature without the need for user intervention subsequent to initiation of machine operation.

"Combination clothes washer-dryer" means a household appliance with a clothes-washer function and clothes-dryer function utilizing the same drum, a common control panel, and one power source.

"Compact audio product" means an amplifier and terrestrial tuner encased in a single housing, with attached or separable speaker – including one that can produce sound from another media – that uses mains power as at least one means of power.

"Compact fluorescent lamp (CFL)" means an integrally-ballasted compact fluorescent lamp with a medium screw base and a nominal voltage or voltage range that lies at least partially between 100 volts and 130 volts.

A "dealer" is defined in the Energy Efficiency Act as a person engaged in the business of:

• (a)  manufacturing energy-using products in Canada;
• (b)  importing energy-using products into Canada; or
• (c) selling or leasing energy-using products obtained directly or indirectly from a person engaged in a business described in (a) or (b) or an agent thereof.

"Dehumidifier" means a factory assembled electric device that removes moisture from the air, is mechanically refrigerated and has a water removal capacity not exceeding 87.5 litres per day (L/d) (185 US pints/day).

"Digital television adapter" means a device that is a type of terrestrial set-top box whose primary function is to receive an Advanced Television Systems Committee terrestrial television broadcast and to demodulate, decode and convert it into an analog television format.

"Dishwasher" means an electrically operated automatic household dishwasher that is not commercial, industrial or institutional machines.

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

• (a)  is either single-phase with nominal power from 15 to 833 kVA or three-phase with a nominal power from 15 to 7500 kVA;
• (b)  has a nominal frequency of 60 Hz; and
• (c) has a primary voltage of 35 kV or less;

but does not include:

• (a)  an autotransformer;
• (b)  a drive (isolation) transformer, with two or more output windings or a nominal low-voltage line current greater than 1,500 A;
• (c) a grounding transformer;
• (d)  a rectifier transformer;
• (e) a sealed transformer;
• (f) a non-ventilated transformer;
• (g)  a testing transformer;
• (h)  a furnace transformer;
• (i) a welding transformer;
• (j) a special impedance transformer;
• (k) a transformer with a nominal low-voltage line current of 4000 A or more;
• (l) an on-load regulating transformer; or
• (m)  a resistance grounding transformer.

"Electric boiler" means a boiler that uses electric energy as a source of heat and that is intended for application in a hot water central heating system having an input rate of less than 88 kilowatts (300,000 Btu/h) and is not equipped with tankless domestic water heating coils.

"Electric motor" means a machine that converts electrical power into rotational mechanical power, including any of those machines that is incorporated into another product — whether or not that other product is an energy-using product and that

• (a)  is rated for continuous duty operation;
• (b)  is a design type that is
  • (i) an electric three-phase induction design,
  • (ii) a cage or squirrel-cage design, and
  • (iii) a NEMA design A, B or C with NEMA T or U frame dimensions, or IEC design N or H;
• (c) is designed to operate at a single speed;
• (d)  has a nominal output power of not less than 0.746 kW (1 HP) and not more than 375 kW (500 HP);
• (e) has a nominal voltage of not more than 600 V AC;
• (f) has a nominal frequency of 50/60 Hz or 60 Hz;
• (g)  has a two, four, six or eight pole construction;
• (h)  has an IP code from 00 to 66;
• (i) is of open or enclosed construction;
• (j) is of foot-mounted construction or flange-mounted construction; and
• (k) has a standard shaft, R-shaft or S-shaft, or is a close-coupled pump motor or a vertically-mounted solid shaft normal thrust motor;

but does not include a NEMA design A or C motor of more than 150 kW (200 HP) and not more than 375 kW (500 HP) or an IEC design H motor of more than 150 kW (200 HP) and not more than 375 kW (500 HP).

"Electric Range" means a range that is:

• (a)  free-standing or built-in appliance with one or more surface elements and one or more ovens;
• (b)  built-in or wall-mounted appliance equipped with one or more ovens and no surface elements;
• (c) counter-mounted appliance without ovens with one or more surface elements;

but does not include the following:

• (a)  microwave cooking appliance;
• (b)  portable appliances designed for an electrical supply of 120 volts.

"Electric water heater" means a stationary electric storage tank water heater with a capacity of not less than 50 litres (11 imperial gallons) and not more than 450 litres (100 imperial gallons) that is intended for use on a pressure system.

"Exit sign" means a device used to identify the most direct path of egress for emergency purposes having a legend and optional directional indicator that is illuminated by a light source contained within the assembly, and includes:

• (a)  Type 1 and Type 3 exit signs as described in CSA C860; and
• (b)  Type 2 exit signs as described in CSA C860, which includes exit signs supplied as a component of a combination emergency lighting unit consisting of an internally lighted exit sign and a battery pack with attached emergency lamps;

but does not include exit signs that:

• (a)  flash;
• (b)  are photo-luminescent; or
• (c) are radio-luminescent.

"External Power Supply" means a power supply device that:

• (a)  is designed to convert line voltage ac input into lower voltage dc or ac output;
• (b)  is able to convert to only one dc or ac output voltage at a time;
• (c) is designed to be used with a household or office end-use product that constitutes the primary load;
• (d)  is encased in an enclosure separated from that end-use product and is connected to that product by an electrical connection; and
• (e) has a nominal output power of 250 W or less;

but does not include a device:

• (a)  that powers the charger of a detachable battery pack of an end-use product;
• (b)  that charges the battery of an end-use product that is fully or primarily motor operated;
• (c) that is an accessory to a medical device as defined in section 1 of the Medical Devices Regulations; or
• (d)  that provides power-over-Ethernet with an internal power supply.

"Fluorescent lamp ballast" means a ballast:

• (a)  used to start and operate fluorescent lamps by providing a starting voltage and current, limiting the current during normal operation, and 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;

but does not include a ballast:

• (a)  designed to be used in an outdoor sign and that is capable of operating with an F96T12HO fluorescent lamp in ambient temperatures at or below -28.9°C; or
• (b)  that, by means of an integrated dimming capability, can reduce the output of the fluorescent lamp by 50% or more.

"Freezer" means a household freezer that has a capacity of not more than 850 litres (30 cubic feet).

"Gas boiler" means a self-contained gas-fired boiler that use propane or natural gas, are intended for use in a low-pressure steam or hot water central heating system, and have an input rate of less than 88 kilowatts (300 000 Btu/h).

"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.

"Gas furnace" means an automatic operating gas-fired central forced-air furnace that use propane or natural gas and have an input of not more than 117.23 kW (400 000 Btu/h), but does not include furnaces for mobile homes or recreational vehicles.

"Gas range" means a household propane or natural gas range with electrical power sources that are used for food preparation and that have one or any combination of:

• (a)  top or surface cooking;
• (b)  oven cooking; or
• (c) broiling.

"Gas-fired unit heater" means a self-contained, automatically controlled, vented, gas-burning appliance described in CSA P.11 that distributes warmed air without the use of ducts.

"Gas water heater" means a stationary gas-heated water container having an input of 21.98 Kw (75 000 Btu/h) or less and a storage capacity of 76 litres (20 U.S. gallons) to 380 litres (100 U.S. gallons) that use propane or natural gas.

"General service fluorescent lamp" means:

• (a)  a rapid-start straight-shaped fluorescent lamp with a nominal overall length of 1200 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 2400 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 2400 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 paragraphs (a), (b), (c) or (d);

but does not include:

• (a)  a fluorescent lamp that is specifically marked and marketed for plant-growth use;
• (b)  a cold-temperature fluorescent lamp;
• (c) a coloured fluorescent lamp;
• (d)  a fluorescent lamp designed to be impact-resistant;
• (e) a reflectorized or aperture fluorescent lamp;
• (f) a fluorescent lamp designed for use in reprographic equipment;
• (g)  a fluorescent lamp primarily designed to produce ultraviolet radiation; or
• (h)  a fluorescent lamp with a colour-rendering index of 82 or greater.

"General service incandescent reflector lamp" means: an incandescent reflector lamp with a bulb shape as described in ANSI C79.1 (R, PAR, ER or BR) or similar shape that has:

• (a)  an E26/24 single contact or E26/50x39 skirted, medium screw base;
• (b)  a nominal voltage or voltage range that lies at least partially between 100 V and 130 V;
• (c) a diameter greater than 57 mm (2.25 inches or 18/8 inches); and
• (d)  a nominal power of 40 W to 205 W;

but does not include:

• (a)  a coloured lamp;
• (b)  an incandescent reflector lamp that:
  • (i) is a rough service lamp:
    • a C-7A or C-11 filament, as described in the IES Handbook, with at least 5 supports exclusive of lead wires;
    • a C-17 filament, as described in the IES Handbook, with 8 supports exclusive of lead wires;
    • a C-22 filament, as described in the IES Handbook, with 16 supports exclusive of lead wires;
  • (ii) is a vibration service lamp;
  • (iii) is a modified spectrum lamp;
  • (iv) is a shatter resistant lamp;
  • (v) is a plant lamp;
  • (vi) is specifically marked and marketed:
    • as an infrared lamp;
    • as an appliance lamp;
    • for mine use;
    • as a submersible lamp or for terrarium or vivarium use;
    • for airfield, aircraft or automotive use;
• (c) a BR30 (95 mm) lamp or BR40 (127 mm) lamp with a nominal power of up to 50 W, or 65 W;
• (d)  a R20 (63.5 mm) lamp with a nominal power of not more than 45 W;
• (e) a silver bowl lamp;
• (f) a lamp for heat-sensitive applications.

"General service lamp" means an electrical device that provides functional illumination and:

• (a)  has a luminous flux of at least 250 lm but no greater than 2600 lm;
• (b)  has a nominal voltage or voltage range that lies at least partially between 100 volts and 130 volts; and
• (c) is screw-based;

but does not include:

• (a)  an appliance lamp;
• (b)  a CFL;
• (c) a coloured lamp;
• (d)  an explosion resistant lamp, namely, a lamp that is designed and certified to operate in a Class I, Division 1 or Class II, Division 1 environment as defined in the IEC standard CEI/IEC 60079-0 (2007) entitled Explosive atmospheres – Part 0: Equipment – General Requirements;
• (e) an infrared lamp;
• (f) a lamp that has a G-shape as specified in ANSI C78.20 and ANSI C79.1, with a diameter of 13 cm or more;
• (g)  a showcase lamp, namely, a lamp that has a T-shape as specified in ANSI C78.20 and ANSI C79.1 and a maximum wattage of 40 W or a length exceeding 25 cm and is marketed as a showcase lamp;
• (h)  a lamp that uses solid state technology, namely, a lamp with a light source that comes from light-emitting diodes;
• (i) a left-hand thread lamp, namely, a lamp with a base that screws into a lamp socket in a counter-clockwise direction;
• (j) a plant lamp;
• (k) an incandescent reflector lamp that has a shape specified in ANSI C79.1;
• (l) a sign service lamp, namely, a vacuum type or gas-filled lamp that has sufficiently low bulb temperature to permit exposed outdoor use on high-speed flashing circuits and is marketed as a sign service lamp;
• (m)  a silver bowl lamp;
• (n)  a traffic signal module, a pedestrian module or a street light;
• (o)  a submersible lamp;
• (p)  a lamp that has a screw base size of E5, E10, E11, E12, E17, E26/50×39, E26/53×39, E29/28, E29/53×39, E39, E39d, EP39 or EX39 as specified in ANSI C81.61; or
• (q)  a lamp that has a B, BA, CA, F, G16-½, G25, G30, S or M-14 shape or other similar shape, as specified in ANSI C78.20 and ANSI C79.1, and a maximum wattage of 40W. "Ground-or water-source heat pump" means a ground- or water-source heat pump that is a factory-built single package or 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 a open- or closed-loop ground- or water-source system.

"Integrated over/under washer-dryer" means a household appliance that consists of a clothes washer component and a clothes dryer component located above, below or beside the clothes washer component, that is powered by a single power source and the control panel of which is located on one of the components, and includes a combination clothes washer-dryer.

"Internal water-loop heat pump" means a water-source heat pump that is a factory-built single package or split-system matching assembly that is intended for installation in a internal water-loop system and does exceed 40 kilowatts (135 000 Btu/h) in cooling or heating capacity.

"Large air conditioner" means a commercial or industrial unitary air-conditioner with a cooling capacity of 19 kW (65 000 Btu/h) or more, but does not include a single package vertical air-conditioner.

"Large condensing unit" means a commercial or industrial condensing unit intended for air-conditioning applications with a cooling capacity of at least 19 kW (65 000 Btu/h) but no greater than 70 kW (240 000 Btu/h).

"Large heat pump" means a commercial or industrial unitary heat pump intended for air-conditioning and space-heating applications with a cooling capacity of 19 kW (65 000 Btu/h) or more, but does not include a single package vertical heat pump.

"Oil-fired boiler" means an oil-fired boiler that is intended for use in a low-pressure steam or hot water central heating system and has an input rate of less than or equal to 88 kilowatts (300 000 Btu/h).

"Oil-fired furnace" means an oil-fired warm-air furnace, other than a furnace for a mobile home or recreational vehicle, that has an input rate of less than or equal to 66 kilowatts (225 000 Btu/h).

"Oil-fired water heater" means an oil-fired water heater that has an input rating of not more than 30.5 kilowatts or 107 000 kJ and a manufacturer's specified storage capacity of not more than 190 litres (50 U.S. gallons)."Packaged terminal air conditioner and heat pump" means a factory-assembled packaged terminal air conditioner and heat pump (PTAC/HP). PTAC/HP has a wall sleeve and a separate unencased combination of heating and cooling assemblies intended for mounting through the wall. This equipment is intended for use in residential, commercial and industrial heating and cooling systems.

"Pedestrian module" means a self-contained device that consists of all of the optical components for operation and is designed to: 

• (a)  provide pedestrians with movement information by means of a "walking person" or "hand" display but not by means of a countdown message; and
• (b)  fit into a pedestrian signal housing.

"Refrigerated beverage vending machine" means:

• (a)  refrigerated beverage vending machine – a self-contained system designed to accept consumer payments and dispense only bottled, canned or other sealed beverages; and
• (b)  snack and refrigerated beverage vending machine – a self-contained system that is designed to accept consumer payments and dispense packages of solid non-refrigerated food and bottled, canned or other sealed refrigerated beverages, and has a vendible capacity of no more than 100 beverages.

"Refrigerator and combination refrigerator-freezer" means a household refrigerator or a combination refrigerator-freezer that has a defrost system including a compressor-cycled automatic defrosted system – and a capacity of 1100 litres (39 cubic feet) or less, but does not include a refrigerator that uses an absorption refrigeration system. This also includes a wine chiller.

"Room air conditioner" means a single-phase electric air-conditioner that has a cooling capacity of 10.55 kW (36 000 Btu/h) or less, but does not include a packaged terminal air-conditioner, a portable air-conditioner or a single package vertical air-conditioner.

"Self-contained commercial refrigerator" means a refrigerator that:

• (a)  has at least one compartment for the storage of food, beverages or flowers at temperatures above 0°C;
• (b)  has no more than one compartment for the freezing and storage of food and beverages at temperatures between 0°C and -13.3°C; and
• (c) has a self-contained refrigeration system that requires energy input;

but does not include:

• (a)  a refrigerated buffet table, a commercial refrigerator that is designed to function as a table or counter for receiving and refrigerating food and from which persons can serve themselves, and that uses a mechanical refrigeration system;
• (b)  a refrigerated preparation table, a commercial refrigerator the top of which is a work surface on which food can be prepared, displayed and kept refrigerated at temperatures between 1°C and 5°C; or
• (c) a walk-in commercial refrigerator.

"Self-contained commercial freezer" means a freezer that:

• (a)  has all the compartments are designed for the freezing and storage of food, beverages or ice; and
• (b)  has a self-contained refrigeration system that requires energy input;

but does not include a walk-in commercial freezer.

"Self-contained commercial refrigerator-freezer" means a refrigerator that:

• (a)  has two or more compartments, at least one of which is for the storage of food and beverages at temperatures above 0°C and at least one other which is for the freezing and storage of food and beverages at temperatures below -13.3°C; and
• (b)  has a self-contained refrigeration system that requires energy input;

but does not include a walk-in commercial freezer.

"Single package central air-conditioner" means a single-phase or three-phase central air-conditioner that is a single package unit and that has a cooling capacity of less than 19 kW (65 000 Btu/h), but does not include a single package vertical air-conditioner.

"Single package vertical air-conditioner" means a single package commercial air-conditioner that is air-cooled and encased, with or without heating capability but not a heat pump, the major components of which are arranged vertically and that is intended for mounting through, or on either side of, an exterior wall.

"Single package heat pump" means a single-phase or three-phase air-to-air heat pump that is a centrally ducted, single package unit and that has a cooling or heating capacity of less than 19 kW (65 000 Btu/h), but does not include a single package vertical heat pump.

"Single package vertical heat pump" means a single package commercial heat pump that is air-cooled, encased and uses reverse cycle refrigeration as its primary heat source, the major components of which are arranged vertically and that is intended for mounting through, or on either side of, an exterior wall.

"Split-system central air-conditioner" means a single-phase or three-phase central air-conditioner that is a split-system and that has a cooling capacity of less than 19 kW (65 000 Btu/h).

"Split-system heat pump" means a single-phase or three-phase air-to-air heat pump that is a centrally ducted, split-system and that has a cooling or heating capacity of less than 19 kW (65 000 Btu/h);

"Television (TV)" means an analog or digital device designed primarily for the display and reception of a terrestrial, satellite, cable, Internet Protocol TV (IPTV) or other broadcast or recorded transmission of analog or digital video and audio signals and includes:

• (a)  a household television monitor, namely a device without an internal tuner, receiver or playback device;
• (b)  a combination television, namely a system in which a television and an additional device or devices, including a DVD player or VCR are combined into a single unit in which the additional device is included in the television casing; and
• (c) a component television, namely a television composed of two or more separate components markets and sold as a television under one model or system designation;

but does not include a computer monitor, namely, an analog or digital device designed primarily for the display of computer generated signals and that is not marketed for use as a television.

"Torchiere" means a portable electric luminaire that has a reflector bowl or similar-shaped reflector that directs light in a predominantly upward direction for the purpose of providing indirect lighting and that may be equipped with one or more additional sockets intended for other lighting functions.

"Traffic signal module" means a self-contained device that consists of all of the optical components for operation and is designed to:

• (a)  provide drivers with movement information by means of a red or green traffic signal indicator that is 203.2 mm or 304.8 mm in diameter; and
• (b)  fit into a traffic signal housing.

"Video product" means a household electronic device that is encased in a single housing, has an integral power supply, is connected to a mains power, and is designed primarily to produce or record, or both, audio and video signals, to or from digital or analogue media, but does not include a camera.

Requirements of the Energy Efficiency Act and Energy Efficiency Regulations

2.  The Energy Efficiency Act has two core requirements:

• (a)  regulated products must comply with minimum energy efficiency standards; and
• (b)  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 label that reads "390 kWh" is for appliances, while the one that reads "11.7" 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.

And a lighting product label for:

• (a)  general service incandescent reflector lamps: PAR, R, ER, BR and BPAR lamps;
• (b)  CFLs;
• (c) general service lamps (common light bulbs).

4.  The energy efficiency standards are intended to eliminate the least efficient products from the marketplace. The labels provide information that assists the purchasers in the selection of the most efficient products that are available.

Import Information Requirements

5.  The Energy Efficiency Regulations apply to dealers who import regulated energy-using products into Canada or ship regulated energy-using products from one Canadian province to another. In accordance with Part VI of the Energy Efficiency Regulations, a dealer importing an energy-using product must provide the following information to NRCan via the CBSA:

• (a)  the name of the product using one of the names identified in paragraph 7 (below);
• (b)  the model number of the product, including motors; (please note that Unique Motor Identifiers for motors are no longer required);
• (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:
  • (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.

6.  Data elements listed above are to be included in the release package that is transmitted to the CBSA electronically using the Other Government Department (OGD) Interface; service options to be used in the Accelerated Commercial Release Operation Support System (ACROSS) are:  463 or 471. For information on the OGD Interface and to view the list of regulated HS codes for energy-using products, please refer to CBSA Web site www.cbsa.gc.ca and follow steps below:

• (a)  under section called By Audience, choose Commercial Sector;
• (b)  under section called Importers, choose Importer Programs;
• (c) choose OGD Interface; and
• (d)  from the section called Resources go to Harmonized Commodity Description and Coding System.

7.  The above import requirements apply to the following regulated energy-using products:

• (a)  automatic ice-makers;
• (b)  beverage vending machines;
• (c) ceiling fans and ceiling fan light kits;
• (d)  chillers;
• (e) clothes dryers;
• (f) clothes washers (and household-style commercial);
• (g)  compact audio products;
• (h)  compact fluorescent lamps (CFL);
• (i) dehumidifiers;
• (j) digital television adaptors;
• (k) dishwashers;
• (l) dry-type transformers;
• (m)  electric boilers
• (n)  electric motors (from 1-200 HP/0.75-150 kW);
• (o)  electric ranges;
• (p)  electric water heaters;
• (q)  exit signs;
• (r) external power supplies (EPS);
• (s) fluorescent lamp ballasts;
• (t) freezers;
• (u)  gas boilers;
• (v) gas fireplaces;
• (w)  gas-fired unit heaters;
• (x) gas furnaces;
• (y) gas ranges;
• (z) gas water heaters;
• (aa)  general service fluorescent lamps;
• (bb)  general service incandescent reflector lamps;
• (cc) general service lamps;
• (dd)  ground or water source heat pumps;
• (ee) integrated washer-dryers;
• (ff)  internal water loop heat pumps;
• (gg)  large air conditioners, heat pumps and condensing units;
• (hh)  oil-fired boilers;
• (ii)  oil-fired furnaces;
• (jj)  oil-fired water heaters;
• (kk) packaged terminal air conditioners and heat pumps;
• (ll)  pedestrian modules
• (mm) refrigerators, combination refrigerator-freezers and wine chillers;
• (nn)  room air conditioners;
• (oo)  single package vertical air conditioners and heat pumps (SPVAC) and (SPVHP);
• (pp)  self-contained commercial refrigerators and freezers;
• (qq)  single-phase and three phase single package central air conditioners and heat pumps;
• (rr) single-phase and three-phase split-system central air conditioners and heat pumps;
• (ss) televisions;
• (tt)  torchieres;
• (uu)  traffic signals; and
• (vv) video products.

8.  When Energy Efficiency Regulations do not apply, even though HS codes are on the NRCan list, importers/customs brokers should use a regular service option (SO 125 or SO 257) in ACROSS, when transmitting release requests to the CBSA.

9.  The following are examples of situations when Energy Efficiency Regulations do not apply:

• (a)  personal importations;
• (b)  energy-using products imported for companies' own use (e.g., restaurants or hotels importing television sets, refrigerators, external power supplies or stoves to be used in their own facilities); or
• (c) the equipment comes without regulated components, e.g.,
  • (i) machines without regulated components have same HS codes as machines with regulated components; or
  • (ii) non-regulated end-use products imported without external power supplies.

10.  For most recent list of regulated energy-using products, please refer to the Office of Energy Efficiency Web site: www.oee.nrcan.gc.ca.

11.  The import information requirement still applies to the regulated energy-using product even if the product is 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.

Responsibilities of CBSA

12.  Border services officers will verify that electronically transmitted release information related to the regulated energy-using products includes the additional five data elements required under the Energy Efficiency Regulations and will verify that this information complies with the Regulations.

13.  The CBSA will contact NRCan (see paragraph 22) for advice when unsure whether the commodity is a regulated energy-using product.

14.  The CBSA will verify shipments of regulated energy-using products (i.e., appropriate service option 463 or 471 in the ACROSS is used and required information is included in the electronic transmission); immediately upon release, the CBSA will transmit data related to the import of regulated energy-using products to NRCan through the OGD Interface.

15.  If the information on the regulated energy-using products entering Canada has not been submitted to the CBSA as required, a penalty may be issued by the CBSA for missing information or for not providing required information by using the incorrect service option in ACROSS. More information concerning Administrative Monetary Penalty System (AMPS) can be found on CBSA Web site under the Facilitating Trade section, or by consulting the Memorandum D22-1-1, Administrative Monetary Penalty System.

16.  The CBSA maintains the list of regulated HS codes (ACROSS and CBSA Web site), and any changes to this list are made only on NRCan's written request.

Responsibilities of Natural Resources Canada

17.  Any questions with reference to the requirements under the Energy Efficiency Regulations should be referred to the Office of Energy Efficiency of Natural Resources Canada at the address indicated in paragraph 22 of this memorandum.

18.  NRCan, as a result of amendments to the Energy Efficiency Act or Energy Efficiency Regulations or any amendments to the Customs Tariff applicable to the regulated energy-using products, will forward a written request to the CBSA to update the list of regulated HS codes in the ACROSS database and CBSA Web site.

Sharing of Information for the Purpose of Compliance Verification

19.  Where an authorized NRCan officer, under the Energy Efficiency Act or Energy Efficiency Regulations, requests in writing to obtain trade data pertaining to the energy-using products, the CBSA, upon review of each request, may authorize, under Section 107 of the Customs Act, the disclosure of requested information to NRCan.

Penalties

Administrative Monetary Penalty System (AMPS)

20.  The Administrative Monetary Penalty System (AMPS) authorizes the CBSA to impose monetary penalties for non-compliance with the Customs Act, the Customs Tariff and the regulations under these Acts, as well as contraventions of the terms and conditions of licensing agreements and undertakings. Please refer to the Memorandum D22-1-1, Administrative Monetary Penalty System for details.

Energy Efficiency Act

21.  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

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

Office of Energy Efficiency
Equipment Division
C.E.F. 930 Carling Avenue
Observatory, Bldg #1
Ottawa ON  K1A 0E4
Email: importation@nrcan.gc.ca
Facsimile:  613-947-5286
Web site:  www.oee.nrcan.gc.ca

23.  Questions concerning administration of this program by the CBSA should be directed to:

Canada Border Services Agency
Other Government Department Programs Unit
Commercial Border Programs Division
Killeany Building
150 Isabella Street, 5^th floor
Ottawa ON  K1A 0L8
Telephone: 613-946-0240
Fax: 613-946-1520

24.  The CBSA Border Information Service (BIS) line responds to public inquiries related to import requirements of other government departments, including Natural Resources Canada. For more information within Canada, call the Border Information Service at 1-800-461-9999. From outside Canada call 204-983-3500 or 506-636-5064; long distance charges will apply. Agents are available Monday to Friday (08:00 – 16:00 local time, except holidays). TTY is also available within Canada: 1-866-335-3237.

Appendix

Energuide Labels

References

Issuing office	Other Government Department Programs Unit Commercial Border Programs Division Border Programs Directorate Programs Branch
Headquarters file	68522
Legislative references	Energy Efficiency Act Customs Act
Other references	D22-1-1
Superseded memoranda D	D19-6-3, dated January 6, 2011