jswizzle3737/ontario_laws_and_regs huggingface dataset:
Application of s. 25.35.7 of the Act
 1. (1) Subject to subsection (2), section 25.35.7 of the Act applies to the following appliances and products: 1.  Household and commercial appliances that are within the scope of application of Schedule 1 to this Regulation. 2.  Water heaters and other water heating equipment that are within the scope of application of Schedule 2 to this Regulation. 3.  Furnaces and other space heating equipment that are within the scope of application of Schedule 3 to this Regulation. 4.  Air conditioning and related equipment that are within the scope of application of Schedule 4 to this Regulation. 5.  Lamps and other lighting products that are within the scope of application of Schedule 5 to this Regulation. 6.  Motors, pumps and transformers that are within the scope of application of Schedule 6 to this Regulation. 7.  Electronic equipment that is within the scope of application of Schedule 7 to this Regulation. 8.  Fenestration products that are within the scope of application of Schedule 8 to this Regulation. Note: On January 1, 2024, subsection 1 (1) of the Regulation is amended by adding the following paragraph: (See: O. Reg. 350/23, s. 1) 9.  The appliances and products governed by the Energy Efficiency Regulations (Canada) to which Schedule 9 to this Regulation applies. (2) Section 25.35.7 of the Act does not apply to appliances or products offered for sale, sold or leased as used or refurbished appliances or products.
Rolling incorporation of a foreign regulation that is revoked
 3. If a standard or requirement set out in section 1 of a Schedule to this Regulation incorporates by reference a provision of a regulation from a jurisdiction outside Canada as it reads on the date the particular appliance or product is manufactured and the incorporated provision is revoked and not replaced by the date the appliance or product is manufactured, the provision as it read immediately before it was revoked continues to have effect for the purposes of this Regulation.
Early compliance
 4. (1) Despite section 2, for the purposes of section 25.35.7 of the Act, a person may apply a testing standard or an efficiency standard or requirement set out in section 1 of the applicable Schedule to this Regulation that would apply to an appliance or product if it were manufactured on a future date if the person complies with the following rules: 1.  The person shall select a notional future date and apply both the testing standard and the efficiency standard or requirement set out in section 1 of the applicable Schedule to this Regulation that would apply if the appliance or product were manufactured on the notional future date. 2.  If a testing standard or an efficiency standard or requirement set out in section 1 of a Schedule to this Regulation incorporates a document by reference as of a fixed date, the person shall, i.  use the version of the incorporated document as it reads on the fixed date, and ii.  apply the testing standard or the efficiency standard or requirement set out in the incorporated document that would apply if the appliance or product were manufactured on the notional future date referred to in paragraph 1. 3.  If a testing standard or an efficiency standard or requirement set out in section 1 of a Schedule to this Regulation incorporates by reference a document as it reads on the date the particular appliance or product is manufactured the person shall, i.  use the version of the incorporated document that is in effect on the actual date the particular product or appliance is manufactured, and ii.  apply the testing standard or the efficiency standard or requirement set out in the incorporated standard that would apply if the appliance or product were manufactured on the notional future date referred to in paragraph 1. (2) For greater certainty, early compliance under subsection (1) is not permitted if, (a)  section 1 of the applicable Schedule to this Regulation does not provide for a testing standard and an efficiency standard or requirement that would apply to the particular appliance or product on the notional future date selected under paragraph 1 of subsection (1); or (b)  an incorporated document does not set out either a testing standard or an efficiency standard or requirement that would apply to the particular appliance or product on the notional future date or the actual date, as the case may be. Note: On January 1, 2024, section 4 of the Regulation is amended by adding the following subsection: (See: O. Reg. 350/23, s. 3) (3) This section does not apply with respect to Schedule 9. O. Reg. 350/23, s. 3.
Equivalent testing standard
 5. Where a testing standard is set out in section 1 of a Schedule to this Regulation, the person who is to apply the standard may apply a different standard, or a combination of standards or components of standards, as long as the person is satisfied on reasonable grounds that the testing standard, as it pertains to the prescribed efficiency standard or requirement, is equivalent. Note: On January 1, 2024, section 5 of the Regulation is amended by striking out “in section 1 of a Schedule to this Regulation” and substituting “in section 1 of Schedule 1 to 8”. (See: O. Reg. 350/23, s. 4)
More specific scope of application prevails
 6. If more than one scope of application set out in the Schedules to this Regulation applies to an appliance or product, the scope of application that applies most specifically to the appliance or product is the one to be applied.
Alternative methods of determining energy efficiency
 7. Where a Schedule to this Regulation makes reference in a testing standard to Part 430 or 431 of the U.S. DOE 10 Code of Federal Regulations with respect to a date or period, the reference is to be read as incorporating any alternative methods of determining energy efficiency or energy use that, under section 429.70 of that Code and any other provisions of Part 429 referred to in section 429.70, may be applied with respect to Part 430 or 431 as of that date or period, but, for greater certainty, all requirements under sections 9 and 10 of this Regulation continue to apply.
Waivers and exceptions
 8. Where a Schedule to this Regulation makes reference in a testing standard or efficiency requirement to U.S. DOE 10 Code of Federal Regulations as it read on the date an appliance or product is manufactured, any waiver or exception to the testing standard or efficiency requirement that applies to the appliance or product under that Code in response to the petition of a manufacturer is also incorporated, subject to any conditions that apply to that waiver or exception.
Circumstances permitting use of prescribed labels, etc.
 9. (1) A prescribed label or other prescribed marking may, under clause 25.35.7 (2) (b) of the Act, be affixed to an appliance or product if both of the following requirements are satisfied: 1.  The appliance or product was tested by an organization designated in subsection (2) or (3), as applicable, to determine whether it satisfies the prescribed efficiency standard or requirement. 2.  The test results confirm that the appliance or product satisfies the prescribed efficiency standard or requirement. (2) An organization is designated for a particular appliance or product if it is an entity that is accredited by the Standards Council of Canada as a certification body to certify products, processes and services that include the class of the appliance or product. (3) An organization is designated for a particular fenestration product, (a)  if the organization is designated for the fenestration product under subsection (2); or (b)  if the organization is accredited by the National Fenestration Rating Council as an independent certification and inspection agency that is designated to test whether the particular fenestration product satisfies the prescribed efficiency standard or requirement.
Prescribed labels or other prescribed markings
 10. (1) Subject to subsection (2), a prescribed label referred to in clause 25.35.7 (2) (b) of the Act for an appliance or product must consist of either a label containing the registered trademark or symbol of an organization designated in subsection 9 (2) or (3), as applicable, or a label in the form provided by the Ministry. O. Reg. 509/18, s. 10 (1). (2) For external power supplies contemplated in paragraph 8 of section 1 of Schedule 7, a mark is acceptable if it is in accordance with the version of the International Efficiency Marking Protocol for External Power Supplies, published by the United States Department of Energy, that is referred to in U.S. DOE 10 Code of Federal Regulations Part 430.3 on the date the particular appliance or product is manufactured. However, the product performance must be verified by an organization designated in subsection 9 (2). O. Reg. 509/18, s. 10 (2); O. Reg. 201/19, s. 2 (1). (3) The prescribed label must be placed on the appliance or product so that the label can be seen easily and readily without the need to remove any covering. However, in respect of the following products, the prescribed label may instead be placed on the exterior of the product’s package: 1.  A battery charger. 2.  An external power supply. O. Reg. 201/19, s. 2 (2). (4) An appliance or product, or the packaging in which an appliance or product is sold, must be marked with the name of the manufacturer and either the date on which the appliance or product was manufactured or a code through which the date can easily and readily be determined. O. Reg. 509/18, s. 10 (4).