1. What are the requirements for dealers of EPS under the Energy Efficiency Regulations (Regulations)?
There are four requirements for EPS. Dealers shall:
- Ensure the product meets the energy efficiency standard specified in the Regulations.
- Ensure an energy efficiency report has been filed with Natural Resources Canada (NRCan).
- Provide the necessary import information to Canada Border Services Agency (CBSA), when importing products.
- Ensure the product bears an energy efficiency verification mark (EEV) or Roman Numeral IV (or better).
2. How do I know if my product contains an EPS? Does NRCan have a list of products that may contain a regulated EPS?
The regulatory definition for EPS can be found on NRCan website at: http://oee.nrcan.gc.ca/regulations/products/17971. You must verify with the manufacturer or supplier of your product if it contains an EPS and if it meets all requirements prior to import. All EPS models must be reported to NRCan prior to first import, and must bear an EEV mark or Roman Numeral IV. The following list of end-use products may contain a regulated external power supply (Note: this is not an exhaustive list).
- consumer electronics
- house wares
- personal accessories
- telephones and telephony equipment
- compact audio products
- video products
- non-motorized rechargeable toys
- home security equipment
- lighting products
- office accessories
- computers (desktops, laptops, tablets, PDAs)
- printers, scanners, faxes
- musical equipment (keyboards, karaoke machine)
- gaming devices
- tracking devices
3. The definition specifies an EPS designed to be used with a household or office end-use product. Are all office end-use products included?
The intent is to include those EPS designed for office end-use products that can also be found in a household. If the EPS is designed for an end-use product that is not intended for use in a home then that EPS would fall out of the scope of the Regulations.
4. What distinguishes a replacement EPS? How is it marked as a replacement?
An EPS is considered to be a replacement EPS if it is manufactured between July 1, 2010 and June 30, 2013; if it is marked for replacement of a specified end-use product that was manufactured prior to July 1, 2010; and, is imported or shipped in quantities of less than fifty units. It must be reported to NRCan as a replacement in the submission of the Energy Efficiency Report prior to first import. The unit needs to clearly identify that it is a replacement EPS and specify the end-use product. This identification does not have to be a permanent mark on the product.
1. What are the 5 data elements that need to be provided to CBSA at the time of importation?
The five data elements for customs release are as follows:
- name of the product (i.e. EPS)
- model number
- brand name
- address of the dealer
- purpose of the importation
- for sale or lease in Canada without modification
- for sale or lease in Canada after being modified to comply with the prescribed energy efficiency standard or
- for use as a component in a product being exported from Canada
2. Since EPS are components accompanying an end-use product, manufacturers usually do not track them separately for import purposes. Are there any acceptable alternatives to NRCan’s import reporting requirements, especially for EPS?
For dealers who are unable to provide details of an EPS being imported with an end-use product such as a laptop, NRCan is providing another option. Dealers may opt to provide NRCan with details on the end-use product and EPS prior to import in addition to the mandatory energy efficiency report. Details include: the end use product type (i.e. laptop), brand name and model number along with the EPS brand name(s) and model number(s). If an end-use product report has been filed with NRCan then the import report can provide the five data elements for the end-use product on the custom release request. The end-use product report template is available at http://oee.nrcan.gc.ca/regulations/18277.
3. My end-use product may contain any one of a selection of EPS models. How should this be handled when the end-use product is imported?
All EPS models must be reported to NRCan prior to first import, and must be compliant with the Regulations. If you choose to file an end-use product report you may provide NRCan with the model number of the end-use product and the list of all the EPS models it may contain. This will ensure that any possible combinations of end-use product and EPS model are declared. Once this is done, you may import the end-use product that contains an EPS and provide the five data elements for the end-use product instead of the EPS.
4. Which Harmonized System (HS) codes must be used when importing EPS?
NRCan provided CBSA with a list of HS codes that should be used when importing EPS, or those for an end-use product that may contain an EPS. You can visit the CBSA website to view the HS codes captured for NRCan.
5. How does CBSA know which products are regulated by NRCan?
NRCan provides the CBSA with a list of affected Harmonized System (HS) codes that may contain EPS, or that may contain end-use products shipped with EPS.
6. Will importation of products that fall under the scope of NRCan’s regulations be eligible for Customs Self Assessment (CSA)?
NRCan has an agreement with the CBSA to allow importers to take part in this program. For more information about the CSA program, visit: http://cbsa-asfc.gc.ca/prog/csa-pad/menu-eng.html.
7. I wish to import an EPS that is exempt from the Regulations but the HS code I am using is flagged as requiring OGD import information. How do I fill out import documents?
Release requests for energy-using products that are not regulated should be transmitted to the CBSA using regular service options 125 or 257 (additional data elements are not required). HS codes will be flagged, indicating to border services officers that the goods may be regulated. This might trigger additional questions to the importer (e.g. purpose of the importation) to ensure that products are not regulated and that a correct service option is used.
When submitting paper release requests to the CBSA (where exceptions to the requirement of transmitting release information using EDI apply), you may indicate that the product is not regulated to facilitate the release process.
If you wish to learn more about the CBSA Single Window Interface please refer to the CBSA website at www.cbsa.gc.ca.
8. If different products, some covered by NRCan’s requirements and some not, are packaged into a single box and sold under a single SKU, must the different products separately meet the Regulations?
Yes. Each regulated product must meet the requirements, even if they are packaged with other products that are not regulated. Where the prescribed product is a component of or packaged with an end-use product it must be reported to NRCan. The regulatory requirements apply only to the regulated product.
Energy Efficiency Reporting
1. Who can submit an energy efficiency report for the EPS?
The energy efficiency report is an excel template that is completed to give NRCan information about the products energy efficiency verification and performance. The onus is on the dealer to ensure the energy efficiency report is provided to NRCan; however it is common practice for manufacturers, or anyone else in the supply chain, to provide NRCan with the energy efficiency report. Dealers may also authorize the SCC accredited certification body to file the report on their behalf provided NRCan receives written notice that the dealer has authorized the certification body to submit on their behalf. It must be completed and submitted prior to first import.
If you need to submit an Energy Efficiency Report, download a copy here and send your completed report to: . NRCan.es_se_oee-ee_report-rapport_ee.RNCan@canada.ca.
2. When does an EPS have to be reported to NRCan?
Beginning April 12, 2012, EPS’ manufactured on or after July 1, 2010 must be reported to NRCan prior to first import by submitting an energy efficiency report. Replacement EPS, although exempt from meeting the MEPS until 2013, must also be reported beginning April 12, 2012.
3. Should the energy efficiency report be submitted for the end-use product or for the EPS?
The energy efficiency report must be submitted for the EPS only. If you need to submit an energy efficiency report, download a copy at http://oee.nrcan.gc.ca/regulations/products/18277.
4. Will all of the information submitted to NRCan on the energy efficiency report end up posted on the web?
No, only select information that allows the product to be identified as compliant (such as brand name, model number, and details about energy consumption), will be available on the web listing of compliant models.
Energy Efficiency Verification (EEV)
1. Where can I find a list of laboratories accredited by the Standards Council of Canada (SCC), in order to have my product certified?
Visit www.scc.ca to view a list of certification bodies accredited by the SCC. Contact these certification bodies directly to determine who offers energy efficiency verification programs for EPS.
2. Where does the EEV mark have to be placed, on the product or its packaging?
The Energy Efficiency Regulations stipulate the mark must be readily visible on the exterior surface of the product. The EEV mark, the use of which is authorized by a certification body accredited by the SCC, or the Roman Numeral IV or better, must be on the exterior of the EPS and not on its packaging.
3. If there is not enough room on the EPS itself to place an EEV mark, is there another option?
The Roman Numeral mark will be accepted in order to harmonize with existing marking requirements of other jurisdictions. EPS can bear the Roman Numeral IV (or higher) in lieu of the EEV if the EPS is marked in accordance with the ENERGY STAR marking protocol and if the performance of the EPS is verified by an SCC accredited certification body.
4. Does NRCan accept a manufacturer’s self-declaration of compliance with the Energy Efficiency Regulations instead of third-party verification of compliance?
No. For regulated products under the Energy Efficiency Regulations, NRCan only accepts third party verification, accompanied by the presence of a verification mark authorized for use by a certification body that is accredited by the Standards Council of Canada. A self-declaration of compliance is not sufficient to meet the Regulations.
Is this regulation harmonized with U.S. requirements?
Wherever possible, NRCan attempts to harmonize its regulations with other jurisdictions. Currently EPS Regulations are not fully harmonized. Your SCC accredited certification body can provide more details.
1. When will EPS have to meet the Minimum Energy Performance Standards (MEPS)?
Starting on April 12, 2012, all EPS that were manufactured on or after July 1, 2010, must meet the MEPS, be reported to NRCan, and bear an Energy Efficiency Verification (EEV) mark or Roman Numeral IV (or better). Replacement EPS are subject to the MEPS beginning July 1, 2013. They must still file an energy efficiency report with NRCan prior to import, beginning on April 12, 2012. Security EPS manufactured before July 1, 2017 are exempt from the no load power requirements, but all other requirements apply. See the chart below for further clarifications.
2. Does the date of April 12, 2012 mean a date of manufacture?
No, it is the date that the Regulations come into force. The date of manufacture that will determine which EPS are regulated is July 1, 2010 (replacement EPS will have to meet performance standards if manufactured on or after July 1, 2013, but will have to be reported beginning April 12, 2012, like other EPS). Dates of manufacture are referred to as completion periods in the Energy Efficiency Regulations. Product manufactured as of those dates must be compliant with the stated requirements.
|Energy Efficiency Standards||Energy Efficiency Verification||Energy Efficiency Reporting||Import Reporting|
Manufactured before July 1, 2010
Manufactured on or after July 1, 2010
Imported before April 12, 2012
No interprovincial shipment on or after April 12, 2012
Manufactured on or after July 1, 2010
Imported before April 12, 2012
Shipped interprovincially on or after April 12, 2012
Manufactured on or after July 1, 2010
Imported on or after April 12, 2012
Replacement EPS manufactured between July 1, 2010 and June 30, 2013
Security EPS manufactured before July 1, 2017
Security EPS manufactured on or after July 1, 2017
*Power in no load mode does not apply to a security external power supply.
Does not have to meet the regulatory requirement.
Must meet the regulatory requirement.
For more information on the Energy Efficiency Regulations email us at firstname.lastname@example.org.
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