Marginal note:Binding on Her Majesty

3. This Act is binding on Her Majesty in right of Canada or a province.

Marginal note:Interprovincial trade and importation

• 4. (1) No dealer shall, for the purpose of sale or lease, ship an energy-using product from one province to another province, or import an energy-using product into Canada, unless

  • (a) the product complies with the energy efficiency standard; and

  • (b) the product or its package is labelled in accordance with the regulations, if any.

• Marginal note:Tampering with label

  (2) No person shall, before an energy-using product is sold to the first retail purchaser or leased to the first lessee, remove, deface, obscure or alter any label put on the product or its package in accordance with the regulations.

• Marginal note:Savings

  (3) A dealer does not contravene paragraph (1)(b) if the requirements of that paragraph are met before the energy-using product leaves the possession of the dealer or the dealer’s consignee.

Marginal note:Information to be provided by dealers

• 5. (1) Every dealer who ships or imports energy-using products as described in subsection 4(1) shall provide the Minister, in the prescribed form and manner and at the prescribed time, with prescribed information respecting those products, including their energy efficiency, their shipment or their importation.

• Marginal note:Exceptions

  (2) A dealer is not required to provide prescribed information in respect of the energy efficiency of any particular energy-using products if the Minister is satisfied that

  • (a) the information has previously been provided under subsection (1); or

  • (b) information has previously been provided under subsection (1) in respect of the energy efficiency of comparable energy-using products that differ from those products only in a manner that does not relate to energy efficiency.

Marginal note:Requirement to supply test products

• 6. (1) The Minister may require any dealer who ships or imports energy-using products as described in subsection 4(1) to make available, at such place as the Minister may specify, such number of those products as the Minister considers to be reasonably necessary for examination and testing under this section, and the dealer shall forthwith comply with the request.

• Marginal note:Testing

  (2) The Minister may dismantle and examine any energy-using product made available pursuant to subsection (1) and may conduct such tests on it as the Minister considers to be reasonably necessary to determine the product’s energy efficiency.

• Marginal note:Retention

  (3) The Minister shall not retain any energy-using product made available pursuant to subsection (1) longer than the Minister considers to be reasonably necessary to complete the examination and tests referred to in subsection (2), unless the dealer consents to the further retention.

• Marginal note:Seizure

  (4) Notwithstanding subsection (3), an inspector may seize and detain any energy-using product that is examined and tested under subsection (2) if the inspector believes on reasonable grounds that any provision of this Act or the regulations has been contravened and that

  • (a) the contravention occurred by means of or in relation to the product; or

  • (b) the product will afford evidence in respect of the contravention.

• Marginal note:Provisions applicable

  (5) Subsections 11(2) and (3) and sections 13 to 18 apply, with such modifications as the circumstances require, with respect to an energy-using product seized under subsection (4) as if it were a thing seized under subsection 11(1).

• Marginal note:Outside testing

  (6) The Minister may enter into an agreement or other arrangement with any person for the examination and testing of energy-using products under this section.