2nd Session, 43rd Legislature

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Bill 217

THE ENERGY EFFICIENCY DISCLOSURE ACT

(Assented to                                         )

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

INTRODUCTORY PROVISIONS

Definitions

1   The following definitions apply in this Act.

"applicable property" means a property described in section 2. (« propriété désignée »)

"energy efficiency audit" means the inspection and testing of a property to assess its energy efficiency that is conducted in accordance with requirements and procedures established by regulation. (« vérification de l'efficacité énergétique »)

"energy efficiency report" means a report described in subsection 3(3). (« rapport sur l'efficacité énergétique »)

"energy efficiency score" means a rating of the energy efficiency of a property that is calculated in accordance with a prescribed energy efficiency rating system. (« cote d'efficacité énergétique »)

"major renovation" means a project that

(a) costs more than $100,000 in total; or

(b) adds more than 10% to the total square footage of a building. (« rénovation importante »)

"prescribed" means prescribed by regulation. (Version anglaise seulement)

"qualified analyst" means a person who

(a) has completed prescribed training on conducting energy efficiency audits; or

(b) holds a prescribed designation. (« analyste qualifié »)

Application

2   This Act applies to

(a) the following properties that are listed for sale:

(i) a newly constructed detached single-family residence,

(ii) a unit in a newly constructed duplex, townhouse, row house or condominium if the owner of the unit is responsible for paying the heating costs of the unit,

(iii) a detached single-family residence that has undergone a major renovation within two years before it is listed for sale,

(iv) a unit in a duplex, townhouse, row house or condominium that has undergone a major renovation within two years before it is listed for sale if the owner of the unit is responsible for paying the heating costs of the unit;

(b) a commercial building or a rental unit within the meaning of The Residential Tenancies Act that is listed for rent if the tenant is responsible for paying the heating costs of the building or unit; and

(c) a prescribed type or class of property that is listed for sale or rent.

ENERGY EFFICIENCY AUDITS AND REPORTS

Energy efficiency audit and report required

3(1)   Before an applicable property is listed for sale or rent, the owner of the property must

(a) arrange for a qualified analyst to conduct an energy efficiency audit on the property; and

(b) obtain an energy efficiency report for the property that is prepared by the analyst who conducted the energy efficiency audit.

Timing for audit

3(2)   The energy efficiency audit must be conducted not later than two years before the property is listed for sale or rent.

Contents of report

3(3)   The energy efficiency report must include the following information:

(a) the energy efficiency score for the property;

(b) an estimate of the total annual energy used to heat the property;

(c) an estimate of the total annual costs to heat the property based on the current retail price for the type of energy used to heat the property;

(d) the date on which the energy efficiency audit was conducted on the property;

(e) the name of the qualified analyst who prepared the report;

(f) any additional prescribed information.

Energy efficiency report must be provided

4(1)   The owner of an applicable property who lists the property for sale or rent must provide or make available an energy efficiency report for the property at no cost to

(a) each prospective owner or tenant who visits the property while it is listed for sale or rent; and

(b) each person who requests a copy of the report while the property is listed for sale or rent.

Energy efficiency score in real estate listing

4(2)   The owner of an applicable property who lists the property for sale or rent must include the energy efficiency score for the property from the most recent energy efficiency audit conducted under section 3 in a listing for the property in a publication or website that lists properties for sale or rent.

OFFENCES AND PENALTIES

Offences and penalties

5(1)   A person who contravenes subsection 4(1) or (2) is guilty of an offence and is liable on conviction

(a) in the case of an individual, to a fine of not more than $2,500; and

(b) in the case of a corporation, to a fine of not more than $10,000.

Offence and penalty — directors and officers

5(2)   If a corporation contravenes subsection 4(1) or (2), an officer, director, employee or agent of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on conviction to the penalty set out in clause (1)(a), whether or not the corporation has been prosecuted or convicted.

REGULATIONS, TRANSITIONAL PROVISION, C.C.S.M. REFERENCE AND COMING INTO FORCE

Regulations

6   The Lieutenant Governor in Council may make regulations

(a) establishing requirements and procedures for conducting energy efficiency audits;

(b) respecting the form and content of energy efficiency reports;

(c) exempting from the application of this Act specified types of properties, properties located in specified areas of Manitoba or properties selling for less than a prescribed amount;

(d) prescribing anything referred to in this Act as being prescribed;

(e) defining any word or phrase used but not defined in this Act;

(f) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.

Transitional

7   This Act does not apply to a property that is listed for sale or rent before the coming into force of this Act.

C.C.S.M. reference

8   This Act may be referred to as chapter E113 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

9   This Act comes into force on a day to be fixed by proclamation.