Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



Canada Border Services Agency Issues D-Memo on Importation of Energy Using Goods

On January 6, 2011, the Canada Border Services Agency ("CBSA") issued D-Memo D-19-6-3 "Importation of Energy Using Products", which sets out the CBSA's administrative policies concerning limitations of the importation of certain energy efficient goods pursuant to the Energy Efficiency Act and new Energy Efficient Regulations. If you would like a copy of the D-Memo, please use the following link - http://www.cbsa.gc.ca/publications/dm-md/d19/d19-6-3-eng.pdf

For a copy of the Energy Efficiency Act, please use the following link - http://laws.justice.gc.ca/PDF/Statute/E/E-6.4.pdf

For a copy of 2010 amendments to the Energy Efficient Regulations, please use the following link - http://www.gazette.gc.ca/rp-pr/p1/2010/2010-06-12/html/reg4-eng.html

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 Single Window Interface.

Subsection 4(1) of the Energy Efficiency Act prohibits imports of energy efficient products unless they meet certain standards and 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

(a) the product complies with the energy-efficient standard; and

(b) the product or its package is labelled in accordance with the regulations, if any.

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. The CBSA may detain goods if the proper documentation is not provided or the goods do not meet stated requirements. If goods are detained, relationships with retailers and others may be negatively affected. As a result, it is important to know the requirements before the goods are shipped from overseas factories or warehouses.

Administrative requirements relating to specific types of goods may be found at the following link - http://oee.nrcan.gc.ca/regulations/home_page.cfm

For more information, please contact Cyndee Todgham Cherniak at 416-307-4168 or cyndee(at)mcmillan.ca.

 

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