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Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1In this Act

“document” means written and printed material, regardless of physical form or characteristics, and, without limiting the generality of the foregoing, includes paper, books, photographs, plans, charts, prints, drawings, films, tapes, videocassettes, word processing software and other machine readable records;(document)

“inspector” means a person designated as an inspector by the Minister under subsection 5(1);(inspecteur)

“Minister” means the Minister of Energy and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)

“prescribed product” means a product that uses, could use or could affect the use of energy and that is prescribed by regulation as a prescribed product.(produit prescrit)

2004, c.20, s.23

STANDARDS FOR
PRESCRIBED PRODUCTS

Prohibition of offering for sale, selling or leasing

2(1)Subject to subsection (2), no person shall manufacture, offer for sale, sell or lease a prescribed product unless

(a) the product meets or exceeds the standards prescribed by regulation for that product, and

(b) the product has affixed to it a label or labels that meet the requirements prescribed by regulation.

2(2)Subsection (1) does not apply to

(a) a prescribed product that is manufactured on or before a date to be prescribed by regulation,

(b) the offering for sale, sale or lease of a prescribed product by a person who is not in the business of offering for sale, selling or leasing a prescribed product, or

(c) a person, class of persons, product, class of products, transaction or class of transactions exempted by the regulations.

LABELLING AND PACKAGING

Affixing labels to prescribed products

3No person shall affix a label to a prescribed product that

(a) indicates that the product meets the prescribed standards for that product if the product does not meet those prescribed standards, or

(b) is not a prescribed label but is deceptively similar to a prescribed label.

Labelling or printing on shipping cartons

4The 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 any label and shall print on the carton any words prescribed for that purpose by regulation.

INSPECTION

Designation, powers, duties and functions of inspectors

5(1)The Minister may designate persons as inspectors for the purposes of this Act.

5(2)An inspector, at any reasonable time and upon presentation of proof of identification on a form provided by the Minister, may, for the purposes of administering this Act or the regulations, enter any place where a prescribed product is manufactured, offered for sale, sold or leased

(a) to inspect and examine a prescribed product in the course of manufacture or in the stock of a person who manufactures, offers for sale, sells or leases a prescribed product,

(b) to remove a prescribed product to another place for the purpose of inspection or testing to ensure that the product complies with the provisions of this Act and the regulations,

(c) to request information or production for inspection of documents or other things that may be relevant to the carrying out of an inspection or test of a prescribed product, and

(d) to remove documents or other things produced as a result of a request under paragraph (c) or discovered during the inspection for the purpose of making copies or taking extracts.

5(3)An inspector removing a prescribed product, document or other thing from a place under subsection (2) shall first provide a receipt for it to the owner or the person in charge of the place and, subject to subsection (4), shall promptly return the product, document or other thing to the place after completion of the testing, making of copies or taking of extracts, as the case may be.

5(4)An inspector may detain for the purposes of evidence any prescribed product, document or other thing that the inspector discovers while acting under this section and believes, on reasonable and probable grounds, may afford evidence of a violation of or a failure to comply with a provision of this Act or the regulations.

5(5)Copies of or extracts from documents or things removed from premises under this Act and certified by the person making the copies or taking the extracts as being true copies of or extracts from the originals are admissible in evidence to the same extent as, and have the same evidentiary value as, the documents or things of which they are copies or from which they are extracts.

5(6)An inspector shall not enter a private dwelling for the purposes of this section unless the inspector

(a) has the consent of a person who appears to be an adult and an occupant of the dwelling, or

(b) obtains an entry warrant in accordance with the Entry Warrants Act.

Designation, powers, duties and functions of inspectors

6(1)The owner or person in charge of any place entered by an inspector under section 5 and any employees or agents of the owner or person in charge shall give all reasonable assistance to the inspector to enable the inspector to exercise powers given under section 5 and shall furnish the inspector with such prescribed products and such information, documents and other things as the inspector may reasonably request.

6(2)No person shall hinder, obstruct or otherwise interfere with an inspector who is carrying out the inspector’s duties and functions under this Act and the regulations.

6(3)No person shall knowingly make a false or misleading statement, either orally or in writing, or provide or produce a false document or other thing to an inspector who is carrying out the inspector’s duties and functions under this Act and the regulations.

OFFENCES

Offences

7(1)A person who violates or fails to comply with a provision of the regulations commits an offence.

7(2)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.

7(3)For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.

7(4)Where an offence under subsection (1) or (2) continues for more than one day,

(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.

7(5)If a corporation commits an offence under this Act or the regulations, a director or officer of the corporation who directed, authorized, assented to, acquiesced in or participated in the offence is a party to and guilty of the offence and is liable, on conviction, to the penalty provided for the offence, whether or not the corporation has been prosecuted or convicted.

7(6)The manufacturing, offering for sale, selling or leasing of each unit product in violation of or failure to comply with a provision of this Act or the regulations is a separate offence.

Limitation period

8Proceedings with respect to an offence under this Act or the regulations may be instituted at any time within two years after the time when the subject matter of the proceedings arose.

ADMINISTRATION

Administration

9The Minister is responsible for the administration of this Act and may designate persons to act on the Minister’s behalf.

REGULATIONS

Regulations

10The Lieutenant-Governor in Council may make regulations

(a) prescribing products or classes of products as prescribed products and prescribing dates after which they will be subject to the application of any or all of the provisions of this Act or the regulations;

(b) respecting standards to be met by prescribed products and establishing a date or dates on or after which prescribed products are required to meet those standards;

(c) respecting the form and manner of labelling prescribed products or their packaging;

(d) prescribing a date or dates for the purposes of paragraph 2(2)(a);

(e) exempting any person, class of persons, product, class of products, transaction or class of transactions from the application of any or all of the provisions of this Act or the regulations;

(f) respecting the testing, packaging, installation, maintenance and repair of prescribed products;

(g) designating persons to test a prescribed product;

(h) respecting fees to be charged under this Act and the regulations, including, without restricting the generality of the foregoing, fees to be charged by persons testing products to which this Act or the regulations apply or may apply;

(i) respecting forms for the purposes of this Act and the regulations and providing for their use;

(j) respecting the reporting of information by persons who manufacture, offer for sale, sell or lease prescribed products;

(k) respecting the keeping of information, documents and other things by persons who manufacture, offer for sale, sell or lease prescribed products;

(l) prescribing any thing required by this Act to be prescribed;

(m) defining any word or expression used in but not defined in this Act.

COMMENCEMENT

11This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

SCHEDULE A

Column I Section		Column II Category of Offence
Column I Section		Column II Category of Offence

	2(1)..............		F
	3..............		F
	4..............		C
	6(1)..............		B
	6(2)..............		C
	6(3)..............		C
	7(1)..............		C

N.B. This Act was proclaimed and came into force June 1, 1995.

N.B. This Act is consolidated to September 1, 2011.

E-9.11 - Energy Efficiency Act

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