Guidance on Applying for a Temporary Dispensation for Level 1, Level 2 and Level 3+ Electric Vehicle Supply Equipment

Table of contents


1. Introduction

1.1. Measurement Canada's regulatory framework

Measurement Canada (MC) is an agency of Innovation, Science and Economic Development Canada (ISED) and is responsible for ensuring accuracy and integrity in the selling of measured goods, developing and enforcing the laws related to measurement accuracy, approving and inspecting measuring devices and investigating complaints of suspected inaccurate measurement. MC has sole jurisdiction with respect to the administration and enforcement of statutes that establish legal obligations related to trade measurement, including the Electricity and Gas Inspection Act (EGIA), the Weights and Measures Act (WMA) and their related regulations.

To be legal for use in trade measurement, meters and other measuring devices must be subject to an approval process to confirm that they meet type specifications and must be issued a Notice of Approval (NOA) before they are used in the marketplace. The only way to circumvent this requirement is to obtain a temporary dispensation for putting a meter into service without verification and sealing, under the terms and conditions stipulated by MC. In addition, any person or organization intending to sell electricity on the basis of measurement must hold a certificate of registration issued under the authority of subsection 6(2) of the EGIA and in accordance with the requirements of the Electricity and Gas Inspection Regulations (EGIR).

1.2. Purpose

This document describes the process to be followed by owners of level 1, level 2 and level 3+ electric vehicle supply equipment (EVSE) who wish to apply for a temporary dispensation to put into service their charging devices without the required verification and sealing. It provides instructions for completing the Application for Temporary Dispensation - Electric Vehicle Supply Equipment and guides owners in complying with the dispensation's terms and conditions.

1.3. Definitions

Refer to Appendix A for a list of definitions applicable to the application process.

1.4. Dispensation

  1. Measurement Canada published a temporary dispensation to allow owners of level 1, level 2 and level 3+ EVSE that are already deployed in the Canadian marketplace, to use those meters for the purpose of obtaining the basis of a charge for electricity (i.e. charging transactions based on the amount of energy in kilowatt-hours [kWh]).
  2. As of the publication date of the dispensation, EVSE owners or network operators putting into service EVSE with an electrical metering device capable of measuring the amount of electricity dispensed must either apply for this dispensation or apply for the approval of type of their device. The only exception to this requirement applies to EVSE that do not have a meter to regulate the flow of electricity. The owner of such a charging device may continue to bill consumers based on a unit of time or a flat rate, until such time as the device is upgraded to meet an approval of type requirements for level 1, level 2 and level 3+ EVSE verification, or until January 1, 2030, after which the device is to be removed from service.
  3. Eligible EVSE owners wishing to apply for a temporary dispensation must do so no later than:
    1. December 31, 2023, for level 1 and level 2 EVSE;
    2. December 31, 2029, for level 3+ EVSE.
  4. Owners who are granted a dispensation will be permitted to use those meters, under certain terms and conditions, even though they have not been verified and sealed in accordance with an approval of type issued by MC.
  5. In addition, to participate in this temporary dispensation program, owners must commit in writing that they accept the terms and conditions of the temporary dispensation and that they will continue to respect those requirements until such a time as the meters are verified and sealed in accordance with an approval of type issued by MC, or until such a time as they are removed from service.

1.5. Who can apply for a dispensation

  1. Owners of level 1, level 2 and level 3+ EVSE may apply for a temporary dispensation if their meters:
    1. are intended for use by the general public in commercial transactions (i.e. for trade purposes);
    2. were put into service in the Canadian marketplace before January 1, 2024, for level 1 and level 2 EVSE;
    3. were put into service in the Canadian marketplace before January 1, 2030, for level 3+ EVSE; and
    4. will be used for the purpose of obtaining the basis of a charge for electricity, which is supplied to a purchaser using the kWh as a unit of measurement, in accordance with subsection 3(1) of the EGIA.
  2. This dispensation does not apply to EVSE intended to be used exclusively by owners or renters of an apartment, townhouse, or single-family home, or owners or landlords of multi-unit residential complexes like apartment buildings or condominiums. MC will address energy billing in that segment of the marketplace separately.

1.6. New device installations

  1. Prior to receiving approval to operate the devices in accordance with the dispensation's terms and conditions, owners may amend the list of devices to be included in the program and resubmit it, but they must do so within the processing times detailed in 2.2.
  2. Owners wishing to include newly installed devices in the temporary dispensation program after their application is approved must submit a new application for those newly installed devices no later than:
    1. December 31, 2023, for level 1 and level 2 EVSE;
    2. December 31, 2029, for level 3+ EVSE.

1.7. Duration of the dispensation

  1. The dispensation is not to be construed as a permanent dispensation for level 1, level 2 and level 3+ EVSE in service and will cease to be in effect either on January 1, 2030, or when the devices have been verified and sealed, whichever comes first.
  2. In addition, this temporary dispensation ceases to apply to any owner who does not acknowledge acceptance of the terms and conditions of this dispensation, or does not continue to respect the terms and conditions of this temporary dispensation while it is in effect.

1.8. Change of ownership

  1. Any owner that has been granted a temporary dispensation for level 1, level 2 or level 3+ EVSE and has since ceased to use, or transferred or sold those devices to a person or entity that constitutes new ownership of those devices must notify MC, in writing, of the details to the disposition or intended disposition of all applicable devices.
  2. The ownership of eligible devices covered by the dispensation may not be transferred to any person or body external to the original applicant. Subsequent owners of eligible devices must submit an application, to be reviewed by MC, within the allotted timeframe, as described in 2.2.
  3. For the purposes of paragraph (1) above, any certificate of registration issued by MC must be returned to a local MC office within 30 business days of the disposition of the devices.

1.9. Registration as a contractor

As a part of the dispensation application and approval process, any applicant who is not already registered as a contractor with MC will be automatically issued a registration number upon approval of their dispensation application.

2. Application process

2.1. Application information

  1. Owners seeking a temporary dispensation for level 1, level 2 and level 3+ EVSE are required to complete and submit the Application for Temporary Dispensation – Electric Vehicle Supply Equipment and all required supporting documents listed in item 4 below by email to mcdispensation‑dispensemc@ised‑isde.gc.ca. Alternatively, they may be mailed or submitted in person to a local MC office.
  2. It is recommended that owners who apply for dispensation of more than fifty (50) EVSE provide the required device information using a spreadsheet.
  3. EVSE owners must include the following information in the application form:
    1. business and contact information;
    2. site and location information; and
    3. device information.
  4. In addition, along with the application form, owners must submit the following documents:
    1. for all level 1 or level 2 EVSE put into service before January 1, 2024, accuracy test results for each type of device listed on the form, demonstrating that the meters dispense energy within an acceptable limit of error of ±3%. Owners do not have to provide test results for each individual device, but must ensure that each type of EVSE listed on the application form has been tested;
    2. for all level 3+ EVSE put into service between July 1, 2024 and December 31, 2029, accuracy test results for each type of device listed on the form, demonstrating that the meters dispense energy within an acceptable limit of error of ±3%. Owners do not have to provide test results for each individual device, but must ensure that each type of EVSE listed on the application form has been tested;
    3. for level 3+ EVSE put into service before July 1, 2024, accuracy test results for each type of device listed on the form, where testing methods are available for those devices.
    4. a signed and dated Declaration of Acceptance of the Terms and Conditions, and
    5. a signed and dated indemnification statement.
  5. The owners may obtain the test results required in (4)(a) either:
    1. by conducting their own accuracy testing using a method and testing standard acceptable to Measurement Canada; or
    2. by providing a letter, report or other similar document from the device manufacturer, attesting to the accuracy of the EVSE type, as established through the manufacturer's evaluation program[1].

2.2. Application timeline and processing times

Applications received after this date will not be eligible for the temporary dispensation program.

  1. Owners may submit an Application for Temporary Dispensation – Electric Vehicle Supply Equipment starting on:
    1. October 31, 2022, for level 1 and level 2 EVSE;
    2. February 20, 2023, for level 3+ EVSE.
  2. Applications must be received by MC no later than:
    1. 23:59 EST on December 31, 2023, for level 1 and level 2 EVSE;
    2. 23:59 EST on December 31, 2029, for level 3+ EVSE.
  3. MC's service standards for the processing of applications for this temporary dispensation program are outlined in the table below.
    Table 1: Application processing times
    Number of devices Processing time (business days)
    Up to 50 30
    Over 50 60
  4. All amendments to an already submitted application, such as the addition of new devices, must be received by MC within the processing times shown in Table 1.
  5. MC may adjust the processing times indicated in Table 1 based on application volume, and will notify owners of any revision in processing times by republishing this guidance material.
  6. Applicants whose application, upon review, meets all of the requirements of the temporary dispensation, including provisions of the dispensation and this guidance document, will receive a letter of approval from the Office of the President of MC.
  7. The processing of any application containing information deemed to be insufficient, misrepresented or missing may be delayed or excluded from this temporary dispensation program.

2.3. Temporary dispensation fees

  1. There are no fees or charges associated with the processing and approval of an application, or of any amendments to the application submitted thereafter.
  2. Any fees, charges or expenses incurred by the owner during activities associated with meeting the terms and conditions of this temporary dispensation program, including but not limited to any electricity costs incurred during testing, are the responsibility of the owner.

2.4. Appeal of results or decisions

  1. Applicants whose application has not been approved or has been deemed as not meeting the requirements of this temporary dispensation program may request, in writing, an appeal to the decision. The request for appeal must contain the reason for the appeal, along with any supporting documentation for review and reconsideration, within 30 business days of the initial decision.
  2. Appeals will be reviewed by the Office of the President of MC, who will render a final decision. All decisions by the President of MC with respect to appeals are considered final and without further recourse.
  3. Requests for appeal and all supporting documentation may be sent by email to mcdispensation-dispensemc@ised-isde.gc.ca, or by mail to:
    • Measurement Canada - Vancouver District Office
    • Clean Energy Post Market Division
    • 3625 Lougheed Highway
    • Vancouver, BC V5M 2A6

3. Roles and responsibilities

3.1. Electric vehicle supply equipment network operators

EVSE network operators may:

  1. where they have received express authorization, represent EVSE owners for the purposes of the dispensation application process;
  2. provide technical data or applicable documentation to EVSE owners and MC;
  3. report the population of EVSE operating on the network to MC, including notifications of any amendments to the status of a device or amendments to the overall network population, on an annual basis;
  4. communicate and inform EVSE owners about the temporary dispensation program and any related activities, processes or practices;
  5. assist or provide services for the installation or posting of physical or digital placards on EVSE; and
  6. assist or provide services for the installation or posting of physical or digital fee structures on EVSE.

3.2. Electric vehicle supply equipment owners

  1. EVSE owners wanting to participate in the temporary dispensation program for level 1, level 2 and level 3+ EVSE are responsible for submitting the Application for Temporary Dispensation – Electric Vehicle Supply Equipment, and all other required documentation, to Measurement Canada no later than:
    1. December 31, 2023 (23:59 EST), for level 1 and level 2 EVSE;
    2. December 31, 2029 (23:59 EST), for level 3+ EVSE.
  2. For the purpose and duration of the temporary dispensation, network operators that own and operate EVSE for the sale of electricity on a basis of a charge are also considered EVSE owners.

3.3. Measurement Canada's Clean Energy Division

MC's Clean Energy Division is responsible for administering and overseeing the temporary dispensation program for level 1, level 2 and level 3+ EVSE in accordance with its terms and conditions, including but not limited to:

  1. receiving, reviewing, and retaining all pertinent documentation submitted to support an application for temporary dispensation;
  2. communicating with owners or other applicable parties on the status of their application for dispensation;
  3. issuing the Letter of Approval of Temporary Dispensation to owners and all applicable parties upon approval from the Office of the President of MC;
  4. compliance testing of meters through random statistical sampling; and
  5. issuing a certificate of registration to qualified EVSE owners, pursuant to subsection 6(2) of the EGIA.

3.4. Office of the President of Measurement Canada

The Office of the President of MC is responsible for ensuring the integrity and accuracy of trade measurement in Canada. The Office of the President will, in writing, inform each owner of the following:

  1. that their application for a temporary dispensation for level 1, level 2 and level 3+ EVSE has been approved or denied;
  2. that it has received a request for appeal, if applicable;
  3. the final decision regarding a request for appeal, if applicable; and
  4. the end of the temporary dispensation, should the President decide to cancel it.

4. Ongoing requirements

4.1. Continued compliance with the terms and conditions of the dispensation

  1. Upon approval of the temporary dispensation, and in order to be considered in compliance with this dispensation program, EVSE owners must continue to meet all the dispensation's terms and conditions, and in particular:
  1. upkeep and routinely maintain EVSE to ensure they remain in good working order and perform within the acceptable limit of error;
  2. provide documentation to MC upon request;
  3. implement a means to manage consumer complaints, as described below in 4.3;
  4. post a physical or digital placard on each device, as described below in 4.4;
  5. provide access to EVSE at site locations and facilitate validation testing of EVSE by MC inspectors;
  6. notify MC in writing, within 30 business days, of any EVSE that has been replaced, relocated or removed from service.

4.2. Units of measurement

Owners of level 1, level 2 and level 3+ EVSE who have met all requirements set forth in the temporary dispensation and the associated terms and conditions, and have been provided with a letter of approval from MC, must, until such time that the dispensation ceases to be in effect or the EVSE is permanently no longer in service, use the kWh as a unit of measurement for the sale of electricity, in accordance with subsection 3(1) of the EGIA.

4.3. Complaints

  1. The complaint investigation process required under the temporary dispensation program must be simple, clear and documented. EVSE owners or network operators should establish a process that is appropriate to the size and complexity of their operation.
  2. Complaints may be administered by the EVSE owners or by the network operators, as long as the process respects the requirements included in the terms and conditions, and that the records are made available to all parties involved, including MC.
  3. Upon request, owners or operators must provide MC with evidence of the complaint investigation, along with any supporting documentation. A failure to produce or comply with a request from MC may result in the revocation of the temporary dispensation.
  4. For the period during which this dispensation is in effect, MC may choose to investigate a complaint, typically only in cases where a final resolution is deemed necessary.

4.4. Placards

  1. As part of the terms and conditions of the dispensation, EVSE owners are required to post a placard on each eligible EVSE, stating that the meter has been granted temporary dispensation from the requirements of the EGIA, subsection 9(1). When preparing to meet this requirement, owners should consider whether the placards will be:
    1. physical or digital; and
    2. unilingual, bilingual or multilingual (at a minimum, they should be in one of Canada's official languages);
  2. In addition, the placards must:
    1. be posted within 30 days from the date on which the EVSE owner has been granted permission to operate in accordance with the temporary dispensation;
    2. remain in place for the duration of the temporary dispensation;
    3. where owners choose to post a physical placard:
      1. be securely installed and posted on the front, or a front adjacent face, of the EVSE in a clear and visible location;
      2. be manufactured using a material able to withstand the effects of damaging or abrasive environmental conditions; and
      3. be replaced within 60 business days when they are worn or damaged beyond a point where the content is no longer legible;
    4. where owners choose to post a digital placard:
      1. be posted on either the EVSE or through a remote system such as a mobile application; and
      2. be securely installed in a clear and visible location and must not be altered or removed for the duration of the dispensation unless prior permission has been granted by MC.

4.5. Displays and registers

  1. Eligible EVSE must have a primary display used to show, at a minimum, the energy dispensed or registered during the trade transaction for each charging session along with any other applicable information, as stated in the terms and conditions.
  2. The display may be either physically affixed to the EVSE or through a remote system such as a mobile application.
  3. Physical primary displays must be manufactured using a material able to withstand the effects of damaging or abrasive environmental conditions as well as any acts deemed to be interfering improperly or in a harmful manner with the display.

4.6. Fee structure

  1. EVSE that are operated in accordance with the temporary dispensation must display, in a clear and visible manner, the fee structure being used. Owners or network operators may display the fee structure of applicable EVSE either on a physical placard, on the display of the device, or through a remote system such as a mobile application.
  2. The fee structure must accurately represent the charges and fees associated with each transaction.
  3. Owners or network operators may choose to set up one or a combination of fee structures, as follows:
    1. Time-based fee structure
      EVSE that dispense energy using only a time-based structure must, with a clear separation of categories and charges, display:
      1. the unit price of time for the charging session;
      2. the unit price of supplementary fees applicable to the charging session;
      3. the start and stop time for the charging session;
      4. the total purchase price of the transaction; and
      5. the total delivery of energy for the charging session.
    2. Energy-based fee structure
      EVSE that dispense energy using only an energy-based structure must, with a clear separation of categories and charges, display:
      1. the unit price of energy for the charging session;
      2. the unit price of supplementary fees applicable to the charging session;
      3. the start and stop time for the charging session;
      4. the total purchase price of the transaction; and
      5. the total delivery of energy for the charging session.
    3. Time and energy-based (hybrid) fee structure
      EVSE that dispense energy using both a time and energy-based (hybrid) structure must, with a clear separation of categories and charges, display:
      1. the unit price of energy for the charging session;
      2. the unit price of time for the charging session;
      3. the unit price of supplementary fees applicable to the charging session;
      4. the start and stop times for each category presented throughout the charging session;
      5. the total purchase price of the transaction; and
      6. the total delivery of energy for the charging session.
  4. All unit prices used in the fee structure must be stated to a minimum of two (2) decimal places (e.g. $0.10/kWh). Any EVSE using a multi-tiered fee structure must state, with clear separation, each category of charges, including any applicable changes to the energy dispensed, in addition to the requirements listed above.

4.7. Invoices and receipts

  1. A receipt or invoice, either printed or electronic, must be generated for each transaction.
  2. Receipts and invoices must clearly show each separate transaction and correspond to the final information presented in the fee structure.
  3. In addition, the receipt or invoice must include the following information:
    1. Device information (e.g. manufacturer and model, serial number); and
    2. Business information (e.g. name and device location).

4.8. Validation testing

  1. MC will perform random on-site testing of EVSE subject to the temporary dispensation, through statistical sampling, in order to validate the conformity of the device to the terms and conditions of the dispensation.
  2. Any owner found to be operating an EVSE outside the scope of the dispensation's terms and conditions will have a period of no more than 60 days to bring the device back into compliance with the provisions of the temporary dispensation.
  3. Any subsequent failure to comply with the provisions may result in the cancellation of the approval to operate the device under the dispensation program, and cause the meters to be removed from service.

4.9. Method of validation testing used by Measurement Canada

  1. For the purpose of validating the accuracy of EVSE approved under this temporary dispensation program, the following equation must be used to determine conformity to the allowable limit of error set forth in the terms and conditions:

    Limit of error  ( % ) = [ ( measured value standard value ) 1 ] × 100 %

  2. EVSE accuracy must be validated using an acceptable minimum measured quantity (MMQ) recommended by the manufacturer, and where a recommended MMQ is unavailable, a value of 0.2 kWh must be used.

4.10. Results of validation testing

  1. Validation test results must be made available to MC and EVSE owners for review, upon request.
  2. MC has the right to add, amend or remove any provisions of the terms and conditions of this temporary dispensation, at any time, without prior notice or consultation, if test results or conclusions from MC's on-site validation testing determine discrepancies that may broadly impact the acceptance of EVSE under the temporary dispensation program.
  3. Any changes to the terms and conditions will be communicated to EVSE owners that have been granted a temporary dispensation, within 30 business days of a decision.

4.11. Certificate of registration

  1. Any person or organization wanting to sell electricity on the basis of measurement must hold a certificate of registration. Upon approval under the temporary dispensation program, owners will be automatically registered with MC as contractors under the authority of subsection 6(2) of the EGIA.
  2. For the purpose of this temporary dispensation, successful applicants may sell electricity on the basis of measurement in accordance with the provisions of the temporary dispensation, even if they have not yet received a certificate of registration.
  3. Owners who have not received a certificate of registration by January 1, 2030, will be required to cease the sale of electricity and remove their level 1, level 2 and level 3+ EVSE from service.

Appendix A – Definitions

Attestation
A declaration, including evidence or proof, of the act of witnessing or certifying.
Billing
The act or process of charging for the sale of a product or service.
Commercial
Intended for non-residential or public use with the purpose of making a financial profit or gain.
Contractor
Any person or body that has undertaken to supply electricity or gas to any purchaser. [EGIA Section 2(1)]
Delivery of energy
The supplying or receiving of electricity or electrical energy from a measurement device.
Dispensation
A temporary or permanent exemption for the verification and sealing requirements of a meter upon agreeing to specific sets of terms and conditions, pursuant to the EGIA.
Electric vehicle supply equipment
A device intended to supply or receive electrical energy to or from an electric vehicle and to measure that energy, store the measurement, display it to the customer, and if necessary, transmit that information to a billing system; also referred to as electric vehicle charging devices or electric vehicle charging stations.
Level 1
Charging level of electric vehicle supply equipment that uses a 120 V input supply and can provide a maximum alternating current output of 12 or 16 amperes.
Level 2
Charging level of electric vehicle supply equipment that uses a 208 V or 240 V input supply and can provide maximum alternating current outputs of 15 to 80 amperes.
Level 3+
Charging level of electric vehicle supply equipment that typically uses a 480 V or 600 V input supply capable of producing output voltages ranging from 200 V to 1000 V, and that provides a direct current output into electric vehicles. The "+" sign refers to equipment using a voltage value other than the typical input voltage.
Limit of error
Extreme value of measurement error, with respect to a known reference quantity value, permitted by specifications or regulations for a given measurement, measuring instrument or measuring system; also referred to as the maximum permissible error. [OIML D31:2019 3.1.28]
Meter
An electricity or gas meter and includes any apparatus used for the purpose of making measurements of, or obtaining the basis of a charge for, electricity or gas supplied to the purchaser. [EGIA, subsection 2(1)]
Minimum measured quantity
The minimum quantity of energy delivered during a transaction by an EVSE that is within the base limit of error of the device's accuracy class, as specified by the manufacturer.
Notice of approval
A document issued to a device owner confirming that a measuring device type has been approved for use in trade in Canada.
Owner
A registered person or body, or their nominee, who owns the electric vehicle supply equipment.
Purchaser
Any person to whom electricity or gas is sold. [EGIA, subsection 2(1)]
Sealing
The action of stamping, labelling, tagging or marking a fully conforming device upon initial verification or subsequent verifications.
Transaction
The process of delivering energy to charge an electric vehicle, presenting the information relevant to this process to the customer and, upon terminating the delivery of energy, transmitting billing information to the customer and receiving payment for the delivered energy from the customer.
Verification
The process of establishing a meter's accuracy and assessing its conformity with the EGIA and EGIR.