E-1.2 - Act respecting the energy efficiency of electrical or hydrocarbon-fuelled appliances

Updated to 27 November 2003

This document has official status.

chapter E-1.2

Act respecting the energy efficiency of electrical or hydrocarbon-fuelled appliances

CHAPTER I SCOPE

1. In this Act, the term “appliance” means any new household, commercial, industrial or institutional electrical or hydrocarbon-fuelled appliance.

1991, c. 28, s. 1.

2. This Act binds the Government and its departments and agencies.

1991, c. 28, s. 2.

CHAPTER II ENERGY EFFICIENCY MEASURES

3. The Government may, by regulation, fix energy efficiency and energy economy standards applicable to the appliances or categories of appliances it determines.

The standards may include standards regarding the manufacture and assembly of such appliances.

1991, c. 28, s. 3.

4. The Government may regulate the labelling of appliances, particularly as to the form, content, size, colour, manner of affixing and position of the labels and special stamps they must bear, and the materials of which such labels and stamps are made.

It may also determine what information must appear on packages containing appliances.

1991, c. 28, s. 4.

5. A regulation may make the energy efficiency, energy economy or labelling standards of a certifying or standards body obligatory. It may also prescribe procedures for testing the energy efficiency of appliances and require that appliances be approved or certified by such a body.

It may further provide that references made therein to other texts be interpreted as references to those texts as later amended, where such is the case.

1991, c. 28, s. 5.

6. The Minister may, by way of exception, permit a manufacturer to apply energy efficiency or energy economy standards different from those fixed by regulation, for a period of not over five years and on the conditions fixed by the Minister, to appliances or a category of appliances incorporating new technology, if it is demonstrated to him that the resultant consumption of energy is equal to or less than that permitted by the regulation standards.

1991, c. 28, s. 6.

7. No person may manufacture, offer, sell or lease an appliance or otherwise dispose of it by gratuitous or onerous title by way of a commercial transaction if the appliance does not conform to the applicable energy efficiency and energy economy standards.

This section does not apply to appliances marketed for use outside Québec.

1991, c. 28, s. 7.

8. The Government may, by regulation, require a manufacturer, vendor or lessor to keep a record in prescribed form of prescribed information pertaining to the carrying out of this Act.

1991, c. 28, s. 8.

CHAPTER III INSPECTION

9. The Minister may, in writing, designate persons from the personnel of the Agence de l’efficacité énergétique to act as inspectors.

1991, c. 28, s. 9; 1999, c. 68, s. 1.

10. An inspector may, for the purposes of this Act,

(1)  have access at any reasonable time to any place where an appliance is manufactured, held in stock, offered for sale or lease, or sold;

(2)  examine any appliance, subject it to testing to see if it conforms to this Act, carry it to another place, if necessary, and return it as soon as possible once testing is completed;

(3)  examine and make copies of books, records, accounts, files and other documents;

(4)  be accompanied by the person or persons he chooses.

1991, c. 28, s. 10.

11. Where an inspector notes the absence of a prescribed label or the non-conformity of an appliance with the energy efficiency or energy economy standards, he may affix a special stamp prescribed by regulation to the appliance, indicating that it cannot be marketed. The appliance cannot be marketed again until the inspector acknowledges that it conforms to the prescribed standards and removes the stamp.

1991, c. 28, s. 11.

11.1. The owner or the person in charge of a place referred to in paragraph 1 of section 10, or any person present, must give assistance to an inspector conducting an inspection.

1999, c. 68, s. 2.

11.2. No person may hinder an inspector conducting an inspection, mislead the inspector through concealment or false declarations or refuse to provide information to the inspector.

1999, c. 68, s. 2.

12. Upon request, an inspector shall identify himself and produce a certificate of his quality signed by the Minister.

1991, c. 28, s. 12.

CHAPTER IV PENAL PROVISIONS

13. Every manufacturer who contravenes a standard authorized by the Minister under section 6 is liable to a fine of $200 to $10,000 in the case of a natural person and $400 to $20,000 in the case of a legal person.

Every person who contravenes section 7 is liable to the same penalty.

1991, c. 28, s. 13.

14. Every manufacturer, vendor or lessor who fails to keep a record as prescribed by regulation under section 8 is liable to the fine provided in section 13.

1991, c. 28, s. 14.

15. Every person who offers, sells or leases an appliance or otherwise disposes of an appliance by gratuitous or onerous title by way of a commercial transaction without the prescribed label or with a label which does not conform to the applicable labelling standards is liable to a fine of $200 to $10,000 in the case of a natural person and $400 to $20,000 in the case of a legal person.

1991, c. 28, s. 15.

16. Every person who removes or alters a label affixed to an appliance pursuant to this Act or removes a special stamp affixed to an appliance by an inspector is liable to a fine of $400 to $5,000 in the case of a natural person and $800 to $10,000 in the case of a legal person.

1991, c. 28, s. 16.

17. Every person who obstructs an inspector conducting an inspection under sections 10 to 11.2 is liable to a fine of $200 to $1,000 in the case of a natural person and $400 to $2,000 in the case of a legal person.

1991, c. 28, s. 17; 1999, c. 68, s. 3.

18. For any subsequent offence, the fines provided in sections 13 to 17 for a first offence are doubled.

1991, c. 28, s. 18.

CHAPTER V FINAL PROVISIONS

19. The Minister of Natural Resources, Wildlife and Parks is responsible for the administration of this Act.

1991, c. 28, s. 19; 1994, c. 13, s. 15; 2003, c. 8, s. 6.

The Minister of Natural Resources and Wildlife exercises the functions of the Minister of Natural Resources, Wildlife and Parks provided for in this Act. Order in Council 124-2005 dated 18 February 2005, (2005) 137 G.O. 2 (French), 877.

20. (Omitted).

1991, c. 28, s. 20.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 28 of the statutes of 1991, in force on 1 March 1993, is repealed, except section 20, effective from the coming into force of chapter E-1.2 of the Revised Statutes.