Importation of Energy-using Products
Memorandum D19-6-3

ISSN 2369-2391

Ottawa, April 26, 2019

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In Brief

This memorandum has been revised to reflect the Amendment 14 to the Energy Efficiency Regulations, 2016, published in Canada Gazette II on October 31, 2018, that:

  1. as of November 1, 2018, removes import-reporting requirements for external power supplies, electric motors and fluorescent lamp ballasts, when they are imported as a component of another end-use product;
  2. as of April 30, 2019, adds import reporting requirements for the following new products: battery chargers, commercial pre-rinse spray valves, metal halide lamp ballasts, microwave-ovens, small electric motors, walk-in coolers, walk-in freezers, and whole-home dehumidifiers.

Importation of Energy-using Products

The Canada Border Services Agency (CBSA) assists Natural Resources Canada (NRCan) in the administration of the Energy Efficiency Act and the Energy Efficiency Regulations, 2016. This memorandum outlines the procedures for the importation of energy-using products. These regulations do not apply to personal importations.

The Energy Efficiency Act and Energy Efficiency Regulations, 2016 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.

Legislation

Canada Border Services Agency Act - Sections 5(1) and 5(2)
Customs Act - Sections 12, 31, 99, 101, and 107
Energy Efficiency Act - Section 4 (1)
Energy Efficiency Regulations, 2016 - Section 7

Guidelines and General Information

Definitions

1. For definitions and detailed description of the regulated energy-using products please refer to the Energy Efficiency Regulations, 2016 or NRCan’s Guide to Canada's Energy Efficiency Regulations, 2016.

Requirements of the Energy Efficiency Act and Energy Efficiency Regulations, 2016

2. The Energy Efficiency Regulations, 2016 have five requirements:

3. For information purposes, the energy-using products that require an EnerGuide label are:

4. A lighting product label is required for:

5. 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.

Import Information Requirements

6. The Energy Efficiency Regulations, 2016 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 Section 7 of the Energy Efficiency Regulations, 2016, a dealer importing an energy-using product must provide the following information to NRCan via the CBSA:

7. Additional data elements, as listed in paragraph 6, are to be included in the Integrated Import Declaration (IID) submitted to the CBSA through the Single Window Initiative (SWI), service option 911.

8. For more information about the SWI, please refer to the CBSA website. Chapter 23 SWI IID of the Electronic Commerce Client Requirements Document (ECCRD) provides technical and system requirements information. Appendix B of the Chapter 23 includes a list of required data elements for Natural Resources Canada.

9. If, under exceptional circumstances, it is impossible to submit release requests to the CBSA electronically through the SWI IID, importers must include the additional data elements in the paper release package submitted to the CBSA. The document with additional data elements will be forwarded by the CBSA to NRCan at the address indicated in paragraph 25.

10. The above import requirements apply to the following regulated energy-using products:

11. If products fall out of the scope of the Energy Efficiency Regulations, 2016 but are classified under an HS code flagged by NRCan, importers/customs brokers should use a regular service option (SO 125 or SO 257) in the Accelerated Commercial Release Operations Support System (ACROSS), when transmitting release requests to the CBSA. SWI IID can also be used for the release of non-regulated goods, since it provides the option to indicate that the shipment is not regulated by NRCan.

12. The following are examples of situations, when Energy Efficiency Regulations, 2016 do not apply:

13. For most recent list of regulated energy-using products, please refer to the Guide for the Energy Efficiency Regulations, 2016.

14. The import reporting requirements under the Energy Efficiency Regulations, 2016 do not apply to the following regulated energy-using products: battery chargers, electric motors, external power supplies, fluorescent ballasts and small electric motors, when any of these products are incorporated into or are components of any other products or machines, i.e., when electric motor is part of a hoist, a fan, a blower, or a pump or when a ballast is part of a fluorescent lighting fixture.

15. Approved participants of CBSA’s Customs Self-Assessment (CSA) Program are eligible to meet their import reporting requirements under the Energy Efficiency Regulations, 2016 by sending monthly import reports directly to NRCan. Inquiries related to the NRCan/CSA program should be referred to the Office of Energy Efficiency at the address indicated in paragraph 25 of this memorandum

Responsibilities of CBSA

16. Border services officers will verify that electronically transmitted release information related to the regulated energy-using products includes five data elements (see paragraph 6), as required under the Energy Efficiency Regulations, 2016, and will verify that this information complies with the Regulations.

17. Immediately upon release, the CBSA will automatically transmit data related to the import of regulated energy-using products to NRCan.

18. 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. More information concerning Administrative Monetary Penalty System (AMPS) can be found on CBSA website under the Trade facilitation, compliance and incentives section, or by consulting the Memorandum D22-1-1 Administrative Monetary Penalty System.

19. The CBSA maintains the list of regulated HS codes, and any changes to this list are made on NRCan’s written request.

Responsibilities of Natural Resources Canada

20. Any questions with reference to the requirements under the Energy Efficiency Regulations, 2016 should be referred to the Natural Resources Canada’s Office of Energy Efficiency at the address indicated in paragraph 25 of this memorandum.

21. NRCan, as a result of amendments to the Energy Efficiency Act or Energy Efficiency Regulations, 2016 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 system and on the CBSA website.

Sharing of Information for the Purpose of Compliance Verification

22. Where an authorized NRCan officer, under the Energy Efficiency Act or Energy Efficiency Regulations, 2016, 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.

Penalties

Administrative Monetary Penalty System (AMPS)

23. The 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

24. 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.

Additional Information

25. For further information concerning the Energy Efficiency Act and Energy Efficiency Regulations, 2016, please contact NRCan at:

Office of Energy Efficiency
Equipment Division
C.E.F. 930 Carling Avenue
Observatory, Bldg #3
Ottawa ON  K1A 0E4
Email: NRCan.importation-importation.RNCan@canada.ca
Web site: NRCan’s Energy Efficiency Regulations

26. For more information regarding the CBSA’s programs and services, please contact the Border Information Service (BIS) line. Within Canada, you can call BIS toll-free at 1-800-461-9999. From outside Canada, please call 204-983-3500 or 506-636-5064 (long-distance charges will apply). BIS agents are available Monday to Friday (08:00 – 16:00 local time, except holidays). TTY is also available within Canada at 1-866-335-3237.

References

Issuing office
Other Government Department Programs Unit
Policy and Program Management Division
Commercial Program Directorate
Commercial and Trade Branch
Headquarters file
68522
Legislative references
Energy Efficiency Act
Customs Act
Other references:
D22-1-1
Superseded memorandum D
D19-6-3 dated
Date modified: