Interpretation

1.  In this Act "energy using device" means a prescribed appliance, industrial electric motor or electrical apparatus.

Historical Note(s): 1990-40-1.

Efficiency standards of energy using devices

2.  (1) No person shall manufacture, offer for sale, sell, lease or otherwise dispose of an energy using device to which this Act applies unless

(a) the energy using device meets the prescribed efficiency standard for that energy using device, and

(b) a prescribed label is affixed to the energy using device.

(2) No person shall affix a prescribed label to an energy using device to which this Act applies unless the energy using device meets the prescribed efficiency standard for that energy using device.

(3) Subsection (1) does not apply to

(a) an energy using device that is manufactured on or before a prescribed date, or

(b) a person who is not in the business of offering for sale, selling, leasing or otherwise disposing of an energy using device to which this Act applies.

Historical Note(s): 1990-40-2.

Inspection and testing

3.  (1) The minister may designate in writing a person as an inspector for the purposes of this Act.

(2) An inspector designated under subsection (1) may at any reasonable time enter a place where an energy using device to which this Act applies is manufactured, offered for sale, sold, leased or otherwise disposed of

(a) to inspect and examine an energy using device in the course of manufacture or an energy using device in the stock of a manufacturer, wholesaler, lessor or dealer,

(b) to remove an energy using device to another place, upon the giving of a receipt for it, for the purpose of testing to ensure that the energy using device complies with the provisions of this Act, and the inspector shall promptly return the energy using device upon completion of testing to the place from which it was removed,

(c) to request information or production for inspection of documents or things that may be relevant to the carrying out of an inspection or test on an energy using device to which this Act applies, and

(d) to remove documents or things produced pursuant to a request under paragraph (c), upon the giving of a receipt for it, for the purpose of making copies or extracts and the inspector shall promptly return them to the person who produced them.

(3) A person shall not exercise a power of entry conferred by this Act to enter the dwelling of a person who is not in the business of manufacturing, offering for sale, selling, leasing or otherwise disposing of an energy using device to which this Act applies.

Historical Note(s): 1990-40-3.

Obstruction

4.  (1) No person shall hinder, obstruct, impede or otherwise interfere with an inspector who is exercising a power under section 3 (2).

(2) If information is required to be furnished or a document or thing is required to be provided or produced under this Act, no person furnishing that information or providing or producing that document or thing shall furnish false information or provide or produce a false document or thing.

Historical Note(s): 1990-40-4.

Offence

5.  (1) A person who contravenes a provision of this Act or the regulations commits an offence.

(2) If a corporation commits an offence under this Act or the regulations, a director or officer of the corporation who authorized, permitted or acquiesced in the offence commits an offence notwithstanding that the corporation has been prosecuted or convicted.

Historical Note(s): 1990-40-5.

Regulations

6.  (1) The Lieutenant Governor in Council may make regulations including regulations

(a) prescribing as an energy using device an appliance including, without limitation, a clothes dryer, furnace, range, refrigerator or water heater, an industrial electric motor or an electrical apparatus,

(b) respecting the installation, testing, maintenance and repair of an energy using device to which this Act applies,

(c) designating persons or organizations to test an energy using device to which this Act applies,

(d) providing for the manner of placing a prescribed label on an energy using device that conforms to the prescribed efficiency standards,

(e) prescribing the contents of labels that may be placed on an energy using device to which this Act applies,

(f) prescribing fees and charges to be paid in respect of any matter in which the ministry provides a service or performs a duty under this Act or the regulations, and prescribing by whom the fees and charges are to be paid,

(g) prescribing forms and providing for their use,

(h) providing for information to be reported by persons who manufacture, offer for sale, sell, lease or otherwise dispose of an energy using device to which this Act applies including the frequency, time and manner for reporting,

(i) governing the keeping of information, documents and things by persons who manufacture, offer for sale, sell, lease or otherwise dispose of an energy using device to which this Act applies, and

(j) exempting any person, class of persons, energy using device or class of energy using device from any provision of this Act or the regulations.

(2) A regulation may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any code or standard published by a national or international standards association, and may require compliance with any code or standard adopted.

Historical Note(s): 1990-40-6.

Commencement

7.  This Act comes into force by regulation of the Lieutenant Governor in Council.

Historical Note(s): 1990-40-7.