Temporary dispensation for level 1 and level 2 electric vehicle supply equipment used in non-commercial applications

Pursuant to subsection 9(2) of the Electricity and Gas Inspection Act (EGIA), and after taking into account that the integrity and accuracy of electricity meters must be maintained and having determined that this dispensation is in the public interest, I hereby grant permission to owners of Level 1 and Level 2 electric vehicle supply equipment (EVSE) used in non-commercial applications to put those meters into service without verification and sealing, subject to the terms and conditions set out below.

Except where a dispensation is granted in accordance with subsections 9(2) or 9(3), subsection 9(1) of the EGIA states that where a contractor or purchaser intends to use a meter for the purpose of obtaining the basis of a charge for electricity, the meter shall not be put into service until it has been verified and sealed in accordance with the EGIA and Electricity and Gas Inspection Regulations (EGIR).

The above-mentioned provisions are reproduced in Appendix A.

1. Purpose

The purpose of this temporary dispensation is to allow owners of Level 1 and Level 2 EVSE that are used in non-commercial applications and already deployed in the Canadian marketplace to use those meters for the purpose of obtaining the basis of a charge for electricity subject to conditions which will help ensure that such charges are based on accurate measurement. This temporary dispensation applies to EVSE which are not verified and sealed in accordance with specifications issued by Measurement Canada and are not intended for use by the general public (not used for commercial purposes).

2. Application

  1. For the purposes of this temporary dispensation:
    1. a Level 1 EVSE is a meter that uses a 120 V input supply and can provide a maximum alternating current output of 12 or 16 amperes;
    2. a Level 2 EVSE is a meter that uses 208 V or 240 V input supply and can provide maximum alternating current outputs in the range of 15 to 80 amperes; and
    3. the term "non-commercial" refers to Level 1 and Level 2 EVSE that are not intended for use by the general public (not used for commercial purposes), but instead reserved for exclusive use by:
      1. owners and renters living in multi-unit residential buildings;
      2. renters living in single family homes and side-by-side attached units or houses (commonly known as row houses);
      3. employees at their workplace; and
      4. operators of electric vehicle fleets owned by public sector organizations at all levels of government (Indigenous, municipal, regional, provincial, federal, etc.).
  2. This dispensation applies to owners of Level 1 and Level 2 EVSE used in non‑commercial applications that:
    1. were put into service in the Canadian marketplace prior to January 1, 2025; and
    2. will be used for the purpose of obtaining the basis of a charge for electricity, which is supplied to a purchaser using the kilowatt-hour (kWh) as a unit of measurement for the sale of electricity, in accordance with subsection 3(1) of the EGIA.
  3. This temporary dispensation ceases to apply to any owner who:
    1. does not acknowledge, in the manner described below, acceptance of the terms and conditions of this dispensation;
    2. does not continue to respect the terms and conditions of this temporary dispensation while it is in effect; or
    3. uses an EVSE of a class, type or design that has been approved by Measurement Canada and has had the meter verified and sealed in accordance with the EGIA and the EGIR.

3. Terms and conditions

This dispensation is subject to the following terms and conditions:

  1. No later than December 31, 2024, eligible owners, or an authorized individual designated by the owner as acting on their behalf, wishing to take advantage of the dispensation shall submit the following to Measurement Canada:
    1. owner information, including the name of the legal owner of the EVSE;
    2. a list of eligible EVSE to be included under the scope of the dispensation including, for each meter, their:
      1. type designation and serial number;
      2. device operating conditions;
      3. date of installation at their present location; and
      4. current installation address;
    3. a signed declaration by an individual with legal authority to bind the entity that is the legal owner, accepting the terms and conditions of this dispensation (Appendix B includes a copy of the declaration); and
    4. a signed indemnification acknowledging sole liability for any losses or damages claimed by any party arising from the operation of an EVSE identified in the list provided under (b) to which this temporary dispensation applies. Under this indemnification, the owner shall agree to pay any claim made against Measurement Canada, the Minister or any employee or agent of Canada for losses or damages whether arising from individual claims or as class action proceedings and including any legal costs and costs related to customer complaints (Appendix C includes a copy of the indemnification).
  2. Owners shall equip every eligible EVSE identified in the list provided in (1)(b) with a means to display and invoice relevant transaction information, through the use of either:
    1. an integral system;
    2. a remote and/or non-connected system (i.e. remote register); or
    3. an information storage system such as a cloud network.
  3. Where a means to display required in (2) is limited to displaying time only, the owner shall post the power being supplied by the EVSE during the charging event, in kW or units derivative of kW.
  4. Owners shall post either a digital or a physical placard on each eligible EVSE, stating that the meter has been granted temporary dispensation from the requirements of EGIA 9(1). Digital placards may be posted either on the meter itself or a remote system (such as a mobile application), provided that it is visible to all users
  5. The placard referred to in (4) shall include:
    1. the statement "This device is temporarily authorized to be used for the purpose of obtaining the basis of a charge for electricity, under terms and conditions established by Measurement Canada";
    2. the fee structure used for transactions (for example, time, energy, flat rate, or a combination of any of those); and
    3. if the EVSE's fee structure is limited to time only, the power being supplied by the meter during a charging event, in kW
  6. Owners shall supply electricity to the purchaser within an acceptable limit of error of ±3%, or where an agreement has been established with the purchaser, to supply electricity within the acceptable limit of error specified in the agreement.
  7. Owners shall provide evidence that the EVSE dispenses electricity within the acceptable limit of error by submitting one of the following documents:
    1. test results for their meters, using a method and testing standard acceptable to Measurement Canada;
    2. a letter, report or other similar document from the EVSE manufacturer, attesting to the accuracy of the device, as established through the manufacturer's recognized evaluation program;
    3. the results of a test performed by Measurement Canada.
  8. Owners shall use the watt-hour, or any multiple or submultiple of the watt-hour, as the unit of measurement for the sale of electricity on any eligible EVSE.
  9. Owners shall establish a complaint investigation process that, at a minimum:
    1. documents the complaint from the purchaser;
    2. makes inquiries with the purchaser who made the complaint and of any person who could reasonably be expected to have knowledge relevant to the matter;
    3. examines records related to the EV charging device that is the subject of the complaint;
    4. records the results of tests and any correspondence regarding the complaint;
    5. establishes and implements corrective measures to address any failures to meet the terms and conditions of this temporary dispensation, discovered as a result of the complaint investigation process, including the return of overpayments; and
    6. makes records and documentation relevant to the complaint investigation process available to Measurement Canada upon request.
  10. Owners shall, at their earliest convenience, ensure that every EVSE put into service under the terms and conditions of this dispensation is subsequently approved and verified in accordance with the specifications issued by Measurement Canada, taking into account:
    1. the lead time required to receive an approval from Measurement Canada; and
    2. the date on which this temporary dispensation ceases to be in effect.
  11. All Level 1 and Level 2 EVSE used in non-commercial applications that are in service on or after January 1, 2030, will have to be approved and verified in accordance with specifications issued by Measurement Canada, or otherwise removed from service.

4. Validity

  1. This dispensation only applies to an owner identified in the Declaration of Acceptance of the Terms and Conditions (Appendix B) filed with Measurement Canada and in respect of the list of eligible EVSE attached to that Declaration as required by paragraph (1)(b) above. When ownership or the inventory of meters has changed, this temporary dispensation is no longer valid in respect of those meters and will not apply unless a new declaration or list is provided to Measurement Canada at the time of the change.
  2. This dispensation is in effect from July 28, 2023, until the earliest of the following dates:
    1. December 31, 2029, at 23:59 (EST); or
    2. The date on which the dispensation is cancelled in writing by the President of Measurement Canada, where the President is of the opinion that the integrity and accuracy of the electricity meters covered by this dispensation are unlikely to be maintained, or that it is no longer in the public interest.

DATED at Ottawa, Ontario, this 28th day of July 2023, and signed by the director appointed under section 26 of the Electricity and Gas Inspection Act (R.S.C., 1985, c. E-4).

Nathalie Campeau
Acting President, Measurement Canada

Appendix A–Applicable Legislative Provisions

Electricity and Gas Inspection Act (EGIA)

Verification

9 (1)Subject to subsections (2) and (3), where a contractor or purchaser intends to use or cause to be used a meter for the purpose of obtaining the basis of a charge for electricity or gas supplied by or to him, the meter shall not, until it has been verified and sealed in accordance with this Act and the regulations, be put into service.

Temporary dispensation

(2) The director may grant permission for the putting into service, without verification and sealing or without sealing, of any meter or any class, type or design of meter on a temporary basis under such terms and conditions and for such period as the director stipulates.

Permanent dispensation

(3) The director may grant approval for the putting into service, without verification and sealing or without sealing, of any meter or any class, type or design of meter.

Appendix B–Declaration of Acceptance of the Terms and Conditions

In order to receive permission to use Level 1 and Level 2 EVSE in non-commercial applications for the purpose of obtaining the basis of a charge for electricity, even though the meters are not yet approved in accordance with the specifications for approval of type of electric vehicle supply equipment issued by Measurement Canada, [Name of Owner] acknowledges and agrees to operate those meters in accordance with the "Temporary dispensation for level 1 and level 2 electric vehicle supply equipment used in non-commercial applications". I, [Name of Authorized Individual], make this acknowledgement on behalf of [Name of Owner] and state that I have the authority to legally bind [Name of Owner]. By accepting to operate in accordance with this dispensation, [Name of Owner] agrees to be bound by its terms and conditions, and acknowledges that it is subject to inspection and to the enforcement powers of the Electricity and Gas Inspection Act including those related to monetary penalties and prosecution.

Name of Owner: space to insert Name of owner

Type of Legal Entity: space to insert Type of Legal Entity

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Authorized Individual: space to insert Authorized Individual

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Appendix C–Indemnification

[Name of Owner] acknowledges that it is solely liable for any losses or damages claimed by any party arising from the operation of an EVSE to which this temporary dispensation applies. In consideration of being able to rely on this temporary dispensation, [Name of Owner] agrees to indemnify and pay to Canada any amount of Canada's losses, liabilities, damages, costs, and expenses resulting from any claim made by any party relating to the operation of such an EVSE including the complete costs of defending any legal action by a third party and the costs of any consumer complaints which Canada incurs.

Any reference in this indemnification to damages caused by the actions of [Name of Owner] includes damages caused by its employees, as well as its subcontractors, agents, and representatives, and any of their employees. Any reference to Canada includes Measurement Canada, the Minister of Industry and any employees or agents thereof.

This indemnification applies whether the claim is based in contract, tort, product liability or any other cause of action and regardless of whether brought by an individual or as a class action and regardless of whether the damages suffered by any party are due to negligence or performance or the failure to perform on the part of [Name of Owner] in accordance with the terms and conditions of this temporary dispensation.

Name of Owner: space to insert Name of owner

Type of Legal Entity: space to insert Type of Legal Entity

Address: space to insert Address

Phone Number: space to insert Phone Number

Authorized Individual: space to insert Authorized Individual

Position: space to insert Position

Signature: space to insert Signature

I have authority to bind the [Name of Owner].