CN 18-18, Amendment 14 to the Energy Efficiency Regulations

1. The purpose of this notice is to advise the trading community that Amendment 14 to the Energy Efficiency Regulations is anticipated to be published in Canada Gazette Part II in fall 2018, as Natural Resources Canada (NRCan) indicated in the Forward Regulatory Plan 2018-2020.

2. The Energy Efficiency Regulations set energy efficiency standards for regulated energy-using products as well as labelling and reporting requirements, including import reporting.

3. The Canada Border Service Agency (CBSA) assists NRCan in the administration of the Energy Efficiency Regulations at the border.

4. Amendment 14 pre-published in March 2018 proposed to remove 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.

5. The list of HS codes published on the CBSA website: OGD Interface and the SWI Regulated Commodities — Data Element Matching Criteria Tables will be updated. i.e., affected HS codes will be removed on the day, when the Amendment 14 is published.

6. The list of HS codes that will be removed can be found at the end of this Customs Notice; please note that this list is not final and will be reviewed before the publication of the Amendment 14.

7. It is important to remember that, when an external power supply, electric motor or fluorescent lamp ballast is imported as a stand-alone product, the import-reporting requirement continues to apply.

8. When importing a regulated energy-using products, the following information must be provided to the CBSA on the customs release request:
    a. Name of product (see list of regulated energy-using products);
    b. Model number;
    c. Brand name;
    d. Address of dealer who is importing the product;
    e. Purpose for which the product is being imported:
        i. For sale or lease in Canada without modification;
        ii. For sale of lease in Canada after being modified to comply with the prescribed energy efficiency standard; or
        iii. For use as a component in a product being exported from Canada.

9. Any questions with reference to Amendment 14 and/or the Energy Efficiency Regulations should be directed to NRCan’s Equipment Division Compliance Operations at NRCan.importation-importation.RNcan@canada.ca.

10. Information on upcoming amendments to the Energy Efficiency Regulations can be obtained from NRCan’s Forward Regulatory Plan.

11. The CBSA is currently updating Memorandum D19-6-3 to reflect the above regulatory changes.

The Amendment 14 will remove import-reporting requirements for energy-using products classified under the following HS codes (this list might be amended on the day, when Amendment 14 is published).

This notice is also available on the CBSA website.