Acts and Regulations

95-70 - General

Full text
Document at 1 September 2021
NEW BRUNSWICK
REGULATION 95-70
under the
Energy Efficiency Act
(O.C. 95-555)
Filed May 26, 1995
Under section 10 of the Energy Efficiency Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the General Regulation - Energy Efficiency Act.
2The following definitions apply in this Regulation: 
“Act” means the Energy Efficiency Act.(Loi)
“energy efficiency standard” means an energy efficiency standard as defined in the Energy Efficiency Act (Canada).(norme d’efficacité énergétique)
“energy-using product” means an energy-using product as defined in the Energy Efficiency Act (Canada).(matériel consommateur d’énergie)
“federal regulation” means the Energy Efficiency Regulations, 2016, made under the Energy Efficiency Act (Canada).(règlement fédéral)
“label” means a printed decal, stamped plate or other permanent marking.(étiquette)
2004-90; 2012-59; 2021-53
3The products and classes of products set out in column 1 of Schedule A are prescribed products.
4For the purposes of paragraph 2(2)(a) of the Act, the date set out in column 3 of Schedule A opposite a prescribed product set out in column 1 of Schedule A is the prescribed date for that product.
2021-53
5(1)The standards and energy efficiency standards set out in column 2 of Schedule A, opposite a prescribed product set out in column 1 of Schedule A, are adopted and prescribed for that product commencing after the date set out in column 3 of Schedule A opposite that product.
5(2)The standards published by the CSA Group and the United States Environmental Protection Agency (EPA) set out in column 2 of Schedule A include subsequent amendments to and later editions of the standards published by those organizations.
2021-53
6An organization that is accredited by the Standards Council of Canada as a certification organization in respect of a prescribed product is designated to test the prescribed product to certify or verify whether the product meets the standards prescribed by this Regulation for that product.
2012-59
7(1)The label to be affixed to a prescribed product shall be
(a) a label in the form of the label in Schedule B, or
(b) a label containing the registered trademark or symbol of an organization referred to in section 6 which indicates that the product meets the standards prescribed by this Regulation for that product.
7(2)A person placing a label referred to in subsection (1) on a prescribed product shall affix it
(a) in proximity to the manufacturer’s label, and
(b) so that it is easily and readily seen without the need to remove any covering.
7(3)The manufacturer of a prescribed product made in New Brunswick and the importer into New Brunswick of a prescribed product not made in New Brunswick shall affix to the shipping carton containing the product in New Brunswick a label indicating the manufacturer’s name or identification and the date of manufacture or a date code.
8The Minister may require a person who manufactures, offers for sale, sells or leases a prescribed product to provide to the Minister any report of an organization referred to in section 6 which indicates that the product meets the standards prescribed by this Regulation for that product.
9(1)Where a prescribed product has not been tested by an organization referred to in section 6, the person who manufactures in New Brunswick or imports into New Brunswick the product shall make application to the Minister, on the form provided by an inspector, to test the product.
9(2)On receipt of an application under subsection (1), an inspector
(a) shall evaluate the drawings and other information respecting the prescribed product, and
(b) may require an independent test of the prescribed product,
and where, in the opinion of the inspector, the product meets the standards prescribed by this Regulation for that product, the Minister shall, on payment of the fee referred to in subsection (3), issue a label in the form of the label in Schedule B for the product.
9(3)The fee to be charged by an inspector to evaluate drawings and other information respecting a prescribed product under subsection (2) is sixty dollars for each hour or portion of an hour.
10The Act and this Regulation do not apply to a person who manufactures in New Brunswick a prescribed product, or who manufactures in New Brunswick any thing that incorporates into it a prescribed product, if the product or thing is manufactured for export from New Brunswick.
11The Minister may make such forms as the Minister considers necessary for the proper administration of the Act and this Regulation.
12This Regulation comes into force on June 1, 1995.
SCHEDULE A
Column 1
Prescribed Product
Column 2
Standard
Column 3
Prescribed Date
1Solid-fuel-burning heating appliances
CSA Group standard B415.1-10 (Reaffirmed 2020) Performance testing of solid-fuel-burning heating appliances
or
EPA standard 40 CFR part 60, subpart AAA, Standards of Performance for New Residential Wood Heaters
or
EPA standard 40 CFR part 60, subpart QQQQ, Standards of Performance for New Residential Hydronic Heaters and Forced-Air Furnaces
September 1, 2021
2Energy-using products prescribed in the federal regulation
The energy-efficiency standard that is prescribed in the federal regulation for an energy-using product
September 1, 2021
2004-90; 2012-59; 2021-53
SCHEDULE B
N.B. This Regulation is consolidated to September 1, 2021.