Importation of Energy-Using Products
Ottawa, January 25, 2013
This memorandum has been revised to reflect the Amendment 11 to the Energy Efficiency Regulations; it outlines responsibilities of the Canada Border Services Agency and Natural Resources Canada and provides procedures for the control of importation of energy-using products.
1. The Canada Border Services Agency (CBSA) assists Natural Resources Canada (NRCan) in the administration of the Energy Efficiency Act and the Energy Efficiency Regulations. This memorandum outlines the procedures for the control of importation of energy-using products. These regulations do not apply to personal importations.
2. The Energy Efficiency Act and Energy Efficiency Regulations prohibit the importation of certain energy-using products unless they meet specific requirements. Importers, who are dealers of these regulated products, must provide the CBSA with prescribed data elements to be included in the release package transmitted electronically to the CBSA through the Other Government Department (OGD) Interface.
Canada Border Services Agency Act
Subsections 5(1) and 5(2) state:
5. (1) The Agency is responsible for providing integrated border services that support national security and public safety priorities and facilitate the free flow of persons and goods, including animals and plants, that meet all requirements under the program legislation, by
(2) The Agency may provide support, through the provision of services, to departments and agencies for which the Minister is responsible, in accordance with agreements or arrangements entered into with those departments and agencies.
Sections 12, 31, 95, 99, 101, and 107 state:
12. (1) Subject to this section, all goods that are imported shall, except in such circumstances and subject to such conditions as may be prescribed, be reported at the nearest customs office designated for that purpose that is open for business.
31. Subject to section 19, no goods shall be removed from a customs office, sufferance warehouse, bonded warehouse or duty free shop by any person other than an officer in the performance of his or her duties under this or any other Act of Parliament unless the goods have been released by an officer or by any prescribed means.
95. (1) Subject to paragraph (2)(a), all goods that are exported shall be reported at such time and place and in such manner as may be prescribed.
(2) The Governor in Council may prescribe
(3) Every person reporting goods under subsection (1) shall
(4) If goods are required to be reported in writing, they shall be reported in the prescribed form containing the prescribed information or in such form containing such information as is satisfactory to the Minister.
99. (1) An officer may
101. Goods that have been imported or are about to be exported may be detained by an officer until he is satisfied that the goods have been dealt with in accordance with this Act, and any other Act of Parliament that prohibits, controls or regulates the importation or exportation of goods, and any regulations made thereunder.
107. (5) An official may provide, allow to be provided or provide access to customs information to the following persons:
Subsection 4(1) of the Energy Efficiency Act states:
"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
1. The following definitions of regulated energy-using products are to be used in the application of this memorandum:
"Automatic ice maker" means a factory-assembled automatic ice-maker that has a standard capacity rating of between 23 and 1000 kilograms per day (kg/d), including self-contained and split-system machines that produce cubed, flaked, crushed or fragmented ice, in either a batch or continuous process.
"Ceiling fan" means a household ceiling fan.
"Ceiling fan light kit" means equipment that is designed to be attached to a ceiling fan for the purpose of providing light.
"Chiller" means a machine designed to make use of a refrigerant cycle to remove heat from a liquid, usually water, that rejects that heat to a cooling medium, usually air or water, and the refrigerant condenser of which may, or may not be, an integral part of the machine.
"Clothes dryer" means a standard and compact electrically operated and electrically heated household tumble-type clothes dryer.
"Clothes washer" means a standard or compact electrically-operated household clothes washer that does not require mechanical fastening to a floor or wall, is top- or front-loaded, and that has an internal control system that regulates the water temperature without the need for user intervention subsequent to initiation of machine operation.
"Combination clothes washer-dryer" means a household appliance with a clothes-washer function and clothes-dryer function utilizing the same drum, a common control panel, and one power source.
"Compact audio product" means an amplifier and terrestrial tuner encased in a single housing, with attached or separable speaker – including one that can produce sound from another media – that uses mains power as at least one means of power.
"Compact fluorescent lamp (CFL)" means an integrally-ballasted compact fluorescent lamp with a medium screw base and a nominal voltage or voltage range that lies at least partially between 100 volts and 130 volts.
A "dealer" is defined in the Energy Efficiency Act as a person engaged in the business of:
"Dehumidifier" means a factory assembled electric device that removes moisture from the air, is mechanically refrigerated and has a water removal capacity not exceeding 87.5 litres per day (L/d) (185 US pints/day).
"Digital television adapter" means a device that is a type of terrestrial set-top box whose primary function is to receive an Advanced Television Systems Committee terrestrial television broadcast and to demodulate, decode and convert it into an analog television format.
"Dishwasher" means an electrically operated automatic household dishwasher that is not commercial, industrial or institutional machines.
"Dry-type transformer" means a transformer, including a transformer that is incorporated into any other product, in which the core and windings are in a gaseous or dry compound insulating medium and that:
but does not include:
"Electric boiler" means a boiler that uses electric energy as a source of heat and that is intended for application in a hot water central heating system having an input rate of less than 88 kilowatts (300,000 Btu/h) and is not equipped with tankless domestic water heating coils.
"Electric motor" means a machine that converts electrical power into rotational mechanical power, including any of those machines that is incorporated into another product — whether or not that other product is an energy-using product and that
but does not include a NEMA design A or C motor of more than 150 kW (200 HP) and not more than 375 kW (500 HP) or an IEC design H motor of more than 150 kW (200 HP) and not more than 375 kW (500 HP).
"Electric Range" means a range that is:
but does not include the following:
"Electric water heater" means a stationary electric storage tank water heater with a capacity of not less than 50 litres (11 imperial gallons) and not more than 450 litres (100 imperial gallons) that is intended for use on a pressure system.
"Exit sign" means a device used to identify the most direct path of egress for emergency purposes having a legend and optional directional indicator that is illuminated by a light source contained within the assembly, and includes:
but does not include exit signs that:
"External Power Supply" means a power supply device that:
but does not include a device:
"Fluorescent lamp ballast" means a ballast:
but does not include a ballast:
"Freezer" means a household freezer that has a capacity of not more than 850 litres (30 cubic feet).
"Gas boiler" means a self-contained gas-fired boiler that use propane or natural gas, are intended for use in a low-pressure steam or hot water central heating system, and have an input rate of less than 88 kilowatts (300 000 Btu/h).
"Gas fireplace" means a vented gas fireplace as described in CSA 2.22, or a vented gas fireplace heater as described in CSA 2.33, that is fuelled by natural gas or propane.
"Gas furnace" means an automatic operating gas-fired central forced-air furnace that use propane or natural gas and have an input of not more than 117.23 kW (400 000 Btu/h), but does not include furnaces for mobile homes or recreational vehicles.
"Gas range" means a household propane or natural gas range with electrical power sources that are used for food preparation and that have one or any combination of:
"Gas-fired unit heater" means a self-contained, automatically controlled, vented, gas-burning appliance described in CSA P.11 that distributes warmed air without the use of ducts.
"Gas water heater" means a stationary gas-heated water container having an input of 21.98 Kw (75 000 Btu/h) or less and a storage capacity of 76 litres (20 U.S. gallons) to 380 litres (100 U.S. gallons) that use propane or natural gas.
"General service fluorescent lamp" means:
but does not include:
"General service incandescent reflector lamp" means: an incandescent reflector lamp with a bulb shape as described in ANSI C79.1 (R, PAR, ER or BR) or similar shape that has:
but does not include:
"General service lamp" means an electrical device that provides functional illumination and:
but does not include:
"Integrated over/under washer-dryer" means a household appliance that consists of a clothes washer component and a clothes dryer component located above, below or beside the clothes washer component, that is powered by a single power source and the control panel of which is located on one of the components, and includes a combination clothes washer-dryer.
"Internal water-loop heat pump" means a water-source heat pump that is a factory-built single package or split-system matching assembly that is intended for installation in a internal water-loop system and does exceed 40 kilowatts (135 000 Btu/h) in cooling or heating capacity.
"Large air conditioner" means a commercial or industrial unitary air-conditioner with a cooling capacity of 19 kW (65 000 Btu/h) or more, but does not include a single package vertical air-conditioner.
"Large condensing unit" means a commercial or industrial condensing unit intended for air-conditioning applications with a cooling capacity of at least 19 kW (65 000 Btu/h) but no greater than 70 kW (240 000 Btu/h).
"Large heat pump" means a commercial or industrial unitary heat pump intended for air-conditioning and space-heating applications with a cooling capacity of 19 kW (65 000 Btu/h) or more, but does not include a single package vertical heat pump.
"Oil-fired boiler" means an oil-fired boiler that is intended for use in a low-pressure steam or hot water central heating system and has an input rate of less than or equal to 88 kilowatts (300 000 Btu/h).
"Oil-fired furnace" means an oil-fired warm-air furnace, other than a furnace for a mobile home or recreational vehicle, that has an input rate of less than or equal to 66 kilowatts (225 000 Btu/h).
"Oil-fired water heater" means an oil-fired water heater that has an input rating of not more than 30.5 kilowatts or 107 000 kJ and a manufacturer's specified storage capacity of not more than 190 litres (50 U.S. gallons)."Packaged terminal air conditioner and heat pump" means a factory-assembled packaged terminal air conditioner and heat pump (PTAC/HP). PTAC/HP has a wall sleeve and a separate unencased combination of heating and cooling assemblies intended for mounting through the wall. This equipment is intended for use in residential, commercial and industrial heating and cooling systems.
"Pedestrian module" means a self-contained device that consists of all of the optical components for operation and is designed to:
"Refrigerated beverage vending machine" means:
"Refrigerator and combination refrigerator-freezer" means a household refrigerator or a combination refrigerator-freezer that has a defrost system including a compressor-cycled automatic defrosted system – and a capacity of 1100 litres (39 cubic feet) or less, but does not include a refrigerator that uses an absorption refrigeration system. This also includes a wine chiller.
"Room air conditioner" means a single-phase electric air-conditioner that has a cooling capacity of 10.55 kW (36 000 Btu/h) or less, but does not include a packaged terminal air-conditioner, a portable air-conditioner or a single package vertical air-conditioner.
"Self-contained commercial refrigerator" means a refrigerator that:
but does not include:
"Self-contained commercial freezer" means a freezer that:
but does not include a walk-in commercial freezer.
"Self-contained commercial refrigerator-freezer" means a refrigerator that:
but does not include a walk-in commercial freezer.
"Single package central air-conditioner" means a single-phase or three-phase central air-conditioner that is a single package unit and that has a cooling capacity of less than 19 kW (65 000 Btu/h), but does not include a single package vertical air-conditioner.
"Single package vertical air-conditioner" means a single package commercial air-conditioner that is air-cooled and encased, with or without heating capability but not a heat pump, the major components of which are arranged vertically and that is intended for mounting through, or on either side of, an exterior wall.
"Single package heat pump" means a single-phase or three-phase air-to-air heat pump that is a centrally ducted, single package unit and that has a cooling or heating capacity of less than 19 kW (65 000 Btu/h), but does not include a single package vertical heat pump.
"Single package vertical heat pump" means a single package commercial heat pump that is air-cooled, encased and uses reverse cycle refrigeration as its primary heat source, the major components of which are arranged vertically and that is intended for mounting through, or on either side of, an exterior wall.
"Split-system central air-conditioner" means a single-phase or three-phase central air-conditioner that is a split-system and that has a cooling capacity of less than 19 kW (65 000 Btu/h).
"Split-system heat pump" means a single-phase or three-phase air-to-air heat pump that is a centrally ducted, split-system and that has a cooling or heating capacity of less than 19 kW (65 000 Btu/h);
"Television (TV)" means an analog or digital device designed primarily for the display and reception of a terrestrial, satellite, cable, Internet Protocol TV (IPTV) or other broadcast or recorded transmission of analog or digital video and audio signals and includes:
but does not include a computer monitor, namely, an analog or digital device designed primarily for the display of computer generated signals and that is not marketed for use as a television.
"Torchiere" means a portable electric luminaire that has a reflector bowl or similar-shaped reflector that directs light in a predominantly upward direction for the purpose of providing indirect lighting and that may be equipped with one or more additional sockets intended for other lighting functions.
"Traffic signal module" means a self-contained device that consists of all of the optical components for operation and is designed to:
"Video product" means a household electronic device that is encased in a single housing, has an integral power supply, is connected to a mains power, and is designed primarily to produce or record, or both, audio and video signals, to or from digital or analogue media, but does not include a camera.
2. The Energy Efficiency Act has two core requirements:
3. For information purposes, the energy-using products that require an EnerGuide label are:
And a lighting product label for:
4. The energy efficiency standards are intended to eliminate the least efficient products from the marketplace. The labels provide information that assists the purchasers in the selection of the most efficient products that are available.
5. The Energy Efficiency Regulations apply to dealers who import regulated energy-using products into Canada or ship regulated energy-using products from one Canadian province to another. In accordance with Part VI of the Energy Efficiency Regulations, a dealer importing an energy-using product must provide the following information to NRCan via the CBSA:
6. Data elements listed above are to be included in the release package that is transmitted to the CBSA electronically using the Other Government Department (OGD) Interface; service options to be used in the Accelerated Commercial Release Operation Support System (ACROSS) are: 463 or 471. For information on the OGD Interface and to view the list of regulated HS codes for energy-using products, please refer to CBSA Web site www.cbsa.gc.ca and follow steps below:
7. The above import requirements apply to the following regulated energy-using products:
8. When Energy Efficiency Regulations do not apply, even though HS codes are on the NRCan list, importers/customs brokers should use a regular service option (SO 125 or SO 257) in ACROSS, when transmitting release requests to the CBSA.
9. The following are examples of situations when Energy Efficiency Regulations do not apply:
10. For most recent list of regulated energy-using products, please refer to the Office of Energy Efficiency Web site: www.oee.nrcan.gc.ca.
11. The import information requirement still applies to the regulated energy-using product even if the product is incorporated into any other article, i.e., electric motor can be part of a hoist, a fan, a blower, or a pump; a ballast can be part of a fluorescent lighting fixture.
12. Border services officers will verify that electronically transmitted release information related to the regulated energy-using products includes the additional five data elements required under the Energy Efficiency Regulations and will verify that this information complies with the Regulations.
13. The CBSA will contact NRCan (see paragraph 22) for advice when unsure whether the commodity is a regulated energy-using product.
14. The CBSA will verify shipments of regulated energy-using products (i.e., appropriate service option 463 or 471 in the ACROSS is used and required information is included in the electronic transmission); immediately upon release, the CBSA will transmit data related to the import of regulated energy-using products to NRCan through the OGD Interface.
15. If the information on the regulated energy-using products entering Canada has not been submitted to the CBSA as required, a penalty may be issued by the CBSA for missing information or for not providing required information by using the incorrect service option in ACROSS. More information concerning Administrative Monetary Penalty System (AMPS) can be found on CBSA Web site under the Facilitating Trade section, or by consulting the Memorandum D22-1-1, Administrative Monetary Penalty System.
16. The CBSA maintains the list of regulated HS codes (ACROSS and CBSA Web site), and any changes to this list are made only on NRCan's written request.
17. Any questions with reference to the requirements under the Energy Efficiency Regulations should be referred to the Office of Energy Efficiency of Natural Resources Canada at the address indicated in paragraph 22 of this memorandum.
18. NRCan, as a result of amendments to the Energy Efficiency Act or Energy Efficiency Regulations or any amendments to the Customs Tariff applicable to the regulated energy-using products, will forward a written request to the CBSA to update the list of regulated HS codes in the ACROSS database and CBSA Web site.
19. Where an authorized NRCan officer, under the Energy Efficiency Act or Energy Efficiency Regulations, requests in writing to obtain trade data pertaining to the energy-using products, the CBSA, upon review of each request, may authorize, under Section 107 of the Customs Act, the disclosure of requested information to NRCan.
Administrative Monetary Penalty System (AMPS)
20. The Administrative Monetary Penalty System (AMPS) authorizes the CBSA to impose monetary penalties for non-compliance with the Customs Act, the Customs Tariff and the regulations under these Acts, as well as contraventions of the terms and conditions of licensing agreements and undertakings. Please refer to the Memorandum D22-1-1, Administrative Monetary Penalty System for details.
Energy Efficiency Act
21. Every person who contravenes subsection 4(1) of the Energy Efficiency Act is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $50,000, or is guilty of an indictable offence and liable to a fine not exceeding $200,000.
22. For further information concerning the Energy Efficiency Act and Energy Efficiency Regulations, please contact NRCan at:
23. Questions concerning administration of this program by the CBSA should be directed to:
Canada Border Services Agency
Other Government Department Programs Unit
Commercial Border Programs Division
150 Isabella Street, 5th floor
Ottawa ON K1A 0L8
24. The CBSA Border Information Service (BIS) line responds to public inquiries related to import requirements of other government departments, including Natural Resources Canada. For more information within Canada, call the Border Information Service at 1-800-461-9999. From outside Canada call 204-983-3500 or 506-636-5064; long distance charges will apply. Agents are available Monday to Friday (08:00 – 16:00 local time, except holidays). TTY is also available within Canada: 1-866-335-3237.
Other Government Department Programs Unit
|Legislative references||Energy Efficiency Act
|Superseded memoranda D||
D19-6-3, dated January 6, 2011