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Energy Efficiency Act

[RSBC 1996] CHAPTER 114

Contents
1Definition
2Efficiency standards of energy devices
3Inspection and testing
4Obstruction
5Offence
6Power to make regulations

Definition

1  In this Act, "energy device" means a prescribed product that uses energy or controls or affects the use of energy.

Efficiency standards of energy devices

2  (1) A person must not manufacture, offer for sale, sell, lease or otherwise dispose of an energy device to which this Act applies unless

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

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

(2) A person must not affix a prescribed label to an energy device to which this Act applies unless the energy device meets the prescribed efficiency standard for that energy device.

(3) Subsection (1) does not apply to

(a) an energy 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 device to which this Act applies.

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 device to which this Act applies is manufactured, offered for sale, sold, leased or otherwise disposed of

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

(b) to remove an energy device to another place, upon the giving of a receipt for it, for the purpose of testing to ensure that the energy device complies with the provisions of this Act, and the inspector must promptly return the energy 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 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 must promptly return them to the person who produced them.

(3) A person must 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 device to which this Act applies.

Obstruction

4  (1) A person must not 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, a person furnishing that information or providing or producing that document or thing must not furnish false information or provide or produce a false document or thing.

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, a director or officer of the corporation who authorized, permitted or acquiesced in the offence commits an offence even if the corporation has been prosecuted or convicted.

Power to make regulations

6  (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1) the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing as an energy device any appliance, electric motor, electrical apparatus or manufactured building component or any product that controls or affects the use of energy;

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

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

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

(e) prescribing the contents of labels that may be placed on an energy 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, 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 device to which this Act applies including the frequency, time and manner for reporting;

(i) providing for information to be reported by persons who manufacture energy devices for sale in British Columbia in respect of the energy consumption or efficiency of all energy devices to which this Act applies;

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

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

(3) 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.