GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Energy Efficiency Act — E-6.4 15
Forfeiture on consent 15 (1) Where an inspector has seized a thing under subsection 11(1) and the owner of the thing or the person who was in lawful possession of it at the time of the seizure consents in writing at the request of the inspector to the forfeiture of the thing, it is thereupon forfeited to Her Majesty in right of Canada. Disposal or destruction (2) The Minister may dispose of or destroy a thing forfeited under subsection (1) and, if the Minister so directs, the costs of the disposal or destruction shall be paid by the owner of the thing or the person who was in lawful possession of it at the time of the seizure.
Energy Efficiency Act — E-6.4 16
Forfeiture by order of court 16 (1) Where a person is convicted of an offence under this Act and a thing seized under subsection 11(1) is then being detained, (a) if the court so directs, the thing is, on the conviction and in addition to any punishment imposed for the offence, forfeited to Her Majesty in right of Canada; or (b) the thing shall, on the expiration of the time for taking an appeal from the conviction or on the final conclusion of the proceedings, as the case may be, be returned to the person from whom it was seized or to any other person entitled to possession of it, on such conditions, if any, as may be imposed by order of the court and as, in the opinion of the court, are necessary to avoid the commission of any further offence under this Act. Disposal or destruction (2) The Minister may dispose of or destroy a thing forfeited under subsection (1) and the costs of the forfeiture and the disposal or destruction shall be paid by the offender.
Energy Efficiency Act — E-6.4 17
Notice for removal 17 (1) Where an inspector believes on reasonable grounds that an energy-using product is being or has been imported into Canada in contravention of this Act or the regulations, the inspector may, whether or not the product is seized, require the importer to remove it from Canada by delivering personally to the importer a notice for its removal or by sending the notice by registered mail to the importer’s business address in Canada. Forfeiture (2) Where an energy-using product is not removed from Canada within the period specified for its removal in a notice under subsection (1) or, where no period is specified, within ninety days after the notice was delivered or sent to the importer, the product shall, notwithstanding sections 13 and 14, be forfeited to Her Majesty in right of Canada. Disposal or destruction (3) The Minister may dispose of or destroy an energy-using product forfeited under subsection (2) and, if the Minister so directs, the costs of the disposal or destruction shall be paid by the importer of the product.
Energy Efficiency Act — E-6.4 18
Protection of persons claiming interest 18 Sections 74 to 76 of the Fisheries Act apply, with such modifications as the circumstances require, to a thing forfeited under section 15 or 16, or an energy-using product forfeited under section 17, as though it were a thing forfeited under subsection 72(1) of that Act.
Energy Efficiency Act — E-6.4 19
Disclosure is not warranty 19 A disclosure relating to energy efficiency that is required to be made by a dealer under this Act in respect of tests conducted under this Act does not create an express or implied warranty by anyone, including Her Majesty in right of Canada, that the energy efficiency established by those tests will be achieved under conditions of actual use.
Energy Efficiency Act — E-6.4 20
Regulations 20 (1) The Governor in Council may make regulations (a) prescribing as an energy-using product any manufactured product, or class of manufactured products, that is designed to operate using electricity, oil, natural gas or any other form or source of energy or that affects or controls energy consumption; (b) prescribing energy efficiency standards for energy-using products or classes of energy-using products; (c) respecting the labelling of energy-using products or their packages, or classes of energy-using products or their packages; (d) providing for the testing of energy-using products to determine their energy efficiency; (e) respecting the detention of things seized and detained under subsection 6(4) or 11(1); and (f) respecting the disposition or destruction of anything forfeited under section 15, 16 or 17. Incorporation by reference (2) A regulation made under paragraph (1)(b) or (d) incorporating standards by reference may incorporate the standards as amended from time to time. 1992, c. 36, s. 20; 2009, c. 8, s. 5
Energy Efficiency Act — E-6.4 20.1
Definitions 20.1 (1) The following definitions apply in this section and in section 20.2 : harmonize means, with respect to requirements, to make them correspond substantively. ( harmoniser ) jurisdiction means (a) the government of a province; (b) any agency or body that is established under an Act of the legislature of a province; (c) a government or court of a foreign state or of a subdivision of a foreign state, or any agency, body or institution of such a government; and (d) an international organization of states or any agency, body, court or institution of such an organization. ( instance ) requirement means energy efficiency standards, testing or information that must be provided by a dealer under section 5. ( exigence ) Ministerial regulations (2) The Minister may, by regulation — with respect to energy-using products or classes of energy-using products that are specified in regulations made by the Governor in Council under paragraph 25(c) — amend regulations made under paragraph 20(1)(b) or (d) or 25(b) for the purpose of maintaining harmonization between a requirement set out in those regulations and that of a jurisdiction. Restrictions (3) In exercising the power under subsection (2), the Minister may (a) update an erroneous reference to a document incorporated by reference, as it is amended from time to time; (b) modify an energy efficiency standard for energy-using products or classes of energy-using products; (c) provide for modified or alternative testing of energy-using products to determine their energy efficiency; and (d) prescribe information respecting energy-using products, including their energy efficiency, that must be provided by a dealer under section 5. 2017, c. 33, s. 221
Energy Efficiency Act — E-6.4
harmonize means, with respect to requirements, to make them correspond substantively. ( harmoniser )
Energy Efficiency Act — E-6.4 (a)
jurisdiction means (a) the government of a province; (b) any agency or body that is established under an Act of the legislature of a province; (c) a government or court of a foreign state or of a subdivision of a foreign state, or any agency, body or institution of such a government; and (d) an international organization of states or any agency, body, court or institution of such an organization. ( instance )
Energy Efficiency Act — E-6.4
requirement means energy efficiency standards, testing or information that must be provided by a dealer under section 5. ( exigence )
Energy Efficiency Act — E-6.4 20.2
Definition of technical standards document 20.2 (1) In this section, technical standards document means a document that is published in both official languages by the Minister and that adapts, combines or reproduces, in whole or in part, documents that are produced by jurisdictions, standards development organizations or industry associations and that, for energy-using products or classes of energy-using products, set out requirements or guidance related to those requirements. The adaptations may include modifications to the content of the originating document. Incorporation of technical standards document (2) Regulations made under paragraphs 20(1)(b) or (d) or 25(b) may, for the purpose of harmonizing the requirements set out in those regulations with those of a jurisdiction to which those regulations or a technical standards document refers, incorporate by reference, in whole or in part, a technical standards document, as it is amended from time to time. 2017, c. 33, s. 221
Energy Efficiency Act — E-6.4 21
Powers of Minister 21 The Minister may, for the purpose of promoting the efficient use of energy and the use of alternative energy sources, (a) conduct, or cooperate with persons conducting, research, development, tests, demonstrations and studies; (b) publish information, research or test results; (c) assist, cooperate with, consult and enter into agreements with any person, including any department or agency of the Government of Canada or of any province; (d) make grants and contributions; and (e) undertake such other projects, programs and activities as in the Minister’s opinion advance that purpose.
Energy Efficiency Act — E-6.4 22
Regulations 22 The Governor in Council may make regulations requiring prescribed persons to file with the Minister, in the prescribed form and manner, at the prescribed time and for each prescribed reporting period, a report setting out prescribed statistics and information respecting (a) the value, quantity, type and use of energy, including alternative energy, purchased, consumed or sold by that person; (b) the expenditures of that person on the research, development, acquisition and operation of energy-using equipment and related technology; and (c) the sales of prescribed energy-using products or classes of energy-using products by that person, including the revenue from, and geographic distribution of, the sales.
Energy Efficiency Act — E-6.4 23
Definitions 23 (1) In this section and section 24, authorized person means any person engaged or employed, or formerly engaged or employed, by or on behalf of Her Majesty in right of Canada for any purpose relating to the administration or enforcement of this Act; ( personne autorisée ) official means any person employed in, or occupying a position of responsibility in, the service of Her Majesty in right of Canada, and any person formerly so employed or occupying such a position. ( fonctionnaire ) Privileged information (2) Except as provided in section 24, the statistics and information filed with the Minister pursuant to regulations made under section 22 are privileged and no official or authorized person shall knowingly (a) communicate or allow to be communicated to any person any statistics or information so filed (in this section and section 24 referred to as “privileged information”); or (b) allow any person to inspect or have access to any report, statement or other document containing any privileged information. Evidentiary privilege (3) Notwithstanding any other Act or law, no official or authorized person shall be required, in connection with any legal proceedings, (a) to give evidence relating to any privileged information; or (b) to produce any report, statement or other document containing any privileged information.
Energy Efficiency Act — E-6.4
authorized person means any person engaged or employed, or formerly engaged or employed, by or on behalf of Her Majesty in right of Canada for any purpose relating to the administration or enforcement of this Act; ( personne autorisée )
Energy Efficiency Act — E-6.4
official means any person employed in, or occupying a position of responsibility in, the service of Her Majesty in right of Canada, and any person formerly so employed or occupying such a position. ( fonctionnaire )
Energy Efficiency Act — E-6.4 24
Exception for proceedings under this Act 24 (1) Subsections 23(2) and (3) do not apply in respect of proceedings relating to the administration or enforcement of this Act or the regulations. Exception for authorized persons (2) An authorized person may communicate or allow to be communicated privileged information, or allow inspection of or access to any report, statement or other document containing any privileged information, to or by (a) any person engaged or employed by or on behalf of Her Majesty in right of Canada for any purpose relating to the administration or enforcement of this Act; (b) the Chief Statistician of Canada for the purposes of the Statistics Act ; or (c) any person, with the consent of the person who filed the information. Exception for compilations (3) Compilations of privileged information may be published in any manner that does not identify or permit the identification of any person who filed the information, unless that person consents in writing to being identified.
Energy Efficiency Act — E-6.4 25
General regulations 25 The Governor in Council may make regulations (a) exempting any person, energy-using product or transaction, or any class thereof, from the application of any or all of the provisions of this Act or the regulations; (b) prescribing anything that by this Act is to be prescribed; and (c) generally for carrying out the purposes and provisions of this Act.
Energy Efficiency Act — E-6.4 27
Offence and punishment 27 (1) Every person who contravenes subsection 4(1) (a) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars; or (b) is guilty of an indictable offence and liable to a fine not exceeding two hundred thousand dollars. Idem (2) Every person who contravenes subsection 4(2), section 5, subsection 6(1), section 7 or 8, subsection 11(3), section 12 or subsection 23(2) or any regulation made under this Act is guilty of an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars. Idem (3) Every person who, in purported compliance with this Act or the regulations, submits any report, statistic, information, document or record, makes any statement or answers any question knowing that the report, statistic, information, document, record, statement or answer is false or misleading, or misrepresents or fails to disclose a material fact, is guilty of an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars. Idem (4) Every person who contravenes any provision of this Act or the regulations, other than a provision referred to in subsection (1) or (2), is guilty of an offence punishable on summary conviction and liable to a fine not exceeding five thousand dollars.
Energy Efficiency Act — E-6.4 28
Continuing offences 28 Where an offence under section 27 is committed on more than one day or is continued for more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued.
Energy Efficiency Act — E-6.4 29
Officers, etc., of corporations 29 Where a corporation commits an offence under section 27, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.
Energy Efficiency Act — E-6.4 30
Defence 30 In a prosecution for a contravention of subsection 4(1) by a dealer engaged in the business of assembling or altering energy-using products, it is a defence for the dealer if the contravention occurred as a result of work done previously on an energy-using product by another dealer engaged in the manufacture of the energy-using products.
Energy Efficiency Act — E-6.4 31
Limitation period 31 A prosecution by way of summary conviction under this Act may not be instituted later than two years after the time when the subject-matter of the prosecution arose.
Energy Efficiency Act — E-6.4 32
Venue 32 A prosecution under this Act may be instituted, tried and determined by a court in any territorial jurisdiction in which the accused is resident or carries on business regardless of where the subject-matter of the prosecution arose.
Energy Efficiency Act — E-6.4 33
Court order 33 (1) Where a person is convicted of an offence under section 27, in addition to any other punishment that may be imposed, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order to any or all of the following effects: (a) prohibiting the person from doing any act or engaging in any activity that may result in the continuation or repetition of the offence; (b) directing the person to publish, in any manner the court considers appropriate, the facts relating to the commission of the offence; (c) directing the person to compensate the Minister, in whole or in part, for the cost of examining and testing any energy-using product in respect of which the offence was committed; (d) directing the person to submit to the Minister, on application by the Minister within three years after the date of the conviction, such information respecting the activities of that person as the court considers appropriate in the circumstances; (e) directing the person to post such bond, or pay into court such amount of money, as the court considers appropriate for ensuring compliance with any order made under this subsection; and (f) requiring the person to comply with such other reasonable conditions as the court considers appropriate for securing the person’s good conduct and preventing the person from repeating the offence or committing other offences under this Act. Duration of order (2) An order under subsection (1) comes into force on the day on which it is made or on such other day as the court may fix and continues in force for such period, not exceeding three years, as the court may fix. Publication (3) Where a person fails to comply with an order made under paragraph (1)(b), the Minister may publish the facts and recover the costs of publication from that person. Debt due to Her Majesty (4) The costs referred to in paragraph (1)(c) and subsection (3) constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.
Energy Efficiency Act — E-6.4 34
Variation of order 34 (1) A court that has made an order under section 33 may, on application by the Attorney General of Canada or the person to whom the order applies, require that person to appear before it and may, after hearing that person and the Attorney General, make an order varying the original order in any manner the court considers appropriate, including an order (a) extending the period for which the original order is to remain in force for a period not exceeding one year; (b) decreasing the period for which the original order is to remain in force; or (c) relieving that person, either absolutely or conditionally or for such period as the court considers appropriate, from compliance with any term of the original order. Limitation (2) Where an application to vary an order has been heard under subsection (1), no other application may be made under that subsection in respect of that order except with leave of the court.
Energy Efficiency Act — E-6.4 35
Offence and punishment 35 Every person who contravenes an order made under section 33 or 34 (a) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding the maximum fine to which a person is liable on summary conviction for the original offence; or (b) is guilty of an indictable offence and liable to a fine not exceeding the maximum fine to which a person is liable on conviction on indictment for the original offence.
Energy Efficiency Act — E-6.4 36
Annual report 36 (1) The Minister shall, as soon as possible after the end of each fiscal year, prepare and cause to be laid before each House of Parliament a report on the administration and enforcement of this Act for that year. Comparison of energy efficiency standards (2) Once every three years, in the report referred to in subsection (1), the Minister shall demonstrate the extent to which the energy efficiency standards prescribed under this Act are as stringent as comparable standards established by a province, the United Mexican States, the United States of America or a state of the United States of America. 1992, c. 36, s. 36; 2009, c. 8, s. 6
Energy Efficiency Act — E-6.4 37
Report on extent energy efficiency standards established 37 Within four years after the day on which this section comes into force, the Minister shall, in the report referred to in subsection 36(1), demonstrate the extent to which energy efficiency standards have been prescribed under this Act for all energy-using products whose use has a significant impact on energy consumption in Canada. 1992, c. 36, s. 37; 2009, c. 8, s. 7
Energy Efficiency Act — E-6.4 Coming into force
Coming into force * 38 This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Section 21 in force September 1, 1992, sections 1 to 20 and 22 to 37 in force January 1, 1993, see SI/92-153.]
Energy Administration Act — E-6 1
Short title 1 This Act may be cited as the Energy Administration Act . 1974-75-76, c. 47, s. 1; 1980-81-82-83, c. 114, s. 2
Energy Administration Act — E-6 2
Definitions 2 (1) In this Act, Board [Repealed, 2019, c. 28, s. 87] gas means any hydrocarbon or mixture of hydrocarbons that, at a temperature of 15°C and a pressure of 101.325 kPa, is in a gaseous state; ( gaz ) hydrocarbon does not include coal; ( hydrocarbure ) Minister means the Minister of Natural Resources; ( ministre ) natural reservoir in Canada includes a natural reservoir situated in the offshore area as defined in section 20; ( réservoir naturel au Canada ) oil means any hydrocarbon or mixture of hydrocarbons other than gas and includes an oil product; ( pétrole ) oil product means any product designated as an oil product by regulations made under section 15. ( produit pétrolier ) Regulator means the Canadian Energy Regulator. ( Régie ) Adoption of Excise Tax Act preserved from 1985 amendments (2) Any reference in subsection 10(2), section 13, subsection 60(2) or section 63 to the Excise Tax Act or a provision thereof shall be construed as a reference to the Excise Tax Act or the provision thereof, as it read immediately before the first day of the second month following the month during which an Act entitled An Act to amend the Excise Tax Act and the Excise Act and to amend other Acts in consequence thereof , chapter 7 of the 2nd Supplement to the Revised Statutes of Canada, was assented to. R.S., 1985, c. E-6, s. 2; R.S., 1985, c. 7 (2nd Supp.), s. 70; 1994, c. 41, s. 20 2019, c. 28, s. 87
Energy Administration Act — E-6
gas means any hydrocarbon or mixture of hydrocarbons that, at a temperature of 15°C and a pressure of 101.325 kPa, is in a gaseous state; ( gaz )
Energy Administration Act — E-6
hydrocarbon does not include coal; ( hydrocarbure )
Energy Administration Act — E-6
Minister means the Minister of Natural Resources; ( ministre )
Energy Administration Act — E-6
natural reservoir in Canada includes a natural reservoir situated in the offshore area as defined in section 20; ( réservoir naturel au Canada )
Energy Administration Act — E-6
oil means any hydrocarbon or mixture of hydrocarbons other than gas and includes an oil product; ( pétrole )
Energy Administration Act — E-6
oil product means any product designated as an oil product by regulations made under section 15. ( produit pétrolier )
Energy Administration Act — E-6
Regulator means the Canadian Energy Regulator. ( Régie )
Energy Administration Act — E-6 3
Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or a province. 1974-75-76, c. 47, s. 3