Zymbo Dolphin 40
is Illegal and Non-Compliant
Innova’s Million Dollar Challenge
Failure to be listed in the NRCan Searchable Product List
In Canada, all air-conditioning and heat-pump systems must be listed in the NRCan database. In fact, it is illegal to import or sell a unit that is not listed. At the time of this publication, March 16, 2026, the Zymbo Dolphin 40 cannot be found in the NRCan Searchable Product List.
Failure to meet NRCan Minimum Efficiency Requirements
Zymbo is the manufacturer of Dolphin 40, which it produces for Kinghome, Silktech, and other brands. Zymbo claims the Dolphin 40 has a nominal cooling capacity of 12,000 BTU.
Under federal law (Energy Efficiency Regulations, 2016 + AHRI 210/240), any 12,000 BTU heat pump in this class must meet:
13.4 SEER2 minimum to be legally sold, installed, or used in Canada.
Zymbo does not publish a SEER2 value because the unit cannot meet the required 13.4 SEER2 when tested in a certified lab.
This alone renders the units illegal.
Illegal Rating
Zymbo uses the wrong rating metric: EER instead of SEER2, COP instead of HSPF2. Zymbo publishes only an EER for cooling and a COP for heating.
Neither EER nor COP is a legal rating for this product category. For a heat pump, federal law requires:
- SEER2 and HSPF2
- Rated under AHRI 210/240
Zymbo deliberately avoids publishing SEER2 because the unit would fail. This alone renders the units illegal.
Illegal Misclassification
By using an EER instead of SEER2, Kinghome is classifying Dolphin 40 as a PTHP, but Zymbo Dolphin 40 does not meet the PTHP definition under Energy Efficiency Regulations:
A lawful PTHP must have:
- A wall sleeve
- A separate unencased chassis
- Through-the-wall mounting
Zymbo Dolphin 40 units lack these traits.
Misclassifying the Dolphin 40 as PTHP by using EER is a direct violation of NRCan rules and is illegal.
Miscalculated Performance Numbers
Zymbo misrepresents even the numbers it publishes for Dolphin 40 for both heating and cooling.
In Cooling
- Cooling Capacity: 12,000 BTU
- Power Input: 1,209 W
-
Using their own watt input:
12,000 ÷ 1,209 = EER 9.93
Yet, Zymbo publishes 10.5 EER.
The cooling capacity is fraudulently listed as 12,000 BTU with an EER of 10.5. When calculating the numbers, the EER2 is really 9.93, which is illegal.
In Heating
- Heating Capacity: 11,970 BTU
- Power Input: 947 W
-
Using their own watt input:
11,970 ÷ 3.412 (BTU to W) ÷ 947 = COP 3.7
Yet, Zymbo publishes 3.5 COP. They publish a higher COP than the math! It is possible that the original reported figures appeared unrealistic, so instead of adjusting the data to produce a mathematically plausible COP, they simply listed a lower COP.
Fraudulently manufacturing testing data is illegal.
Fraudulent and Fake Numbers
The 12,000-BTU capacity they claim, along with the 10.5 EER rating, is fake and fraudulent. When tested in a lab, this unit will not produce 12,000 BTU and a 10.5 EER. So, even ignoring the misclassification and wrong ratings, the actual numbers they claim are fake.
Summary of Violations
Zymbo’s Dolphin 40:
- Failure to list on the NRCan database
- Publishes fabricated numbers in cooling
- Publishes fabricated numbers in heating
- Uses illegal rating metrics EER instead of SEER2 or CEER
- Violates NRCan product classification rules
- Violates NRCan labeling requirements
- Fails SEER2 or CEER minimums because efficiency numbers are falsified
- Contradict basic mathematics in efficiency numbers
- Fails to use the correct testing methods
- Violate the Competition Act (R.S.C., 1985, c. C-34), which prohibits deceptive efficiency claims
Zymbo’s Dolphin 40 cannot legally be sold, installed, or used in Canada, and we back that statement with a One Million Dollar Guarantee.
Illegal to Distribute, Install, and Use
Zymbo’s Dolphin 40 is illegal to distribute, specify, install, or use because it is not listed in the NRCan database and does not meet NRCan’s heat pump energy-efficiency requirements. To meet the NRCan requirements, this unit would need to have an SEER2 rating of at least 13.4 and an HSPF2 rating of at least 5.4 at the rated capacity of 12,000 BTU. This rating cannot simply be invented; it must be established through testing in a genuine lab.
How Everyone Gets Hurt
Sellers
Private labelers, Manufacturers,
Distributors, Dealers, Resellers
Selling a non-compliant HVAC product is a direct violation of the Energy Efficiency Act and NRCan regulations. Sellers are exposed to:
Federal Civil Penalties
NRCan may prosecute for non-compliance for every unit distributed in commerce. Penalties stack and can reach six-figure outcomes per model.
Product Seizure and Forced Recall
NRCan can seize inventory, block further distribution, and mandate recall or destruction of illegal equipment.
Competition Bureau enforcement… Competition Act Section 52
Publishing fabricated ratings constitutes a deceptive trade practice under the Competition Act. This exposes the seller to federal enforcement, mandatory corrective advertising, and civil penalties.
Breach of Contract and Indemnification Claims
Developers, contractors, and property owners can sue the seller for damages if the installed equipment fails inspection, fails commissioning, or causes code violations.
Class-Action Exposure
Tenants, condominium associations, and homeowners’ groups can sue for misrepresentation, damages, inflation in energy costs, or unsafe equipment.
Loss of Manufacturer and Distributor Licenses
OEM partnerships and distribution channels can be terminated for selling illegal equipment.
Selling these units is both legally and financially dangerous.
Installers
Contractors, HVAC technicians, MEP firms
Installing non-compliant equipment exposes the installer to direct professional and legal risk.
Violation of state and local mechanical codes
Most jurisdictions require installed equipment to be listed, certified, and compliant with NRCan minimums. Installing unlisted units violates the code.
Loss of contractor license
Boards can suspend or revoke licenses for installing non-certified or illegally rated equipment.
Civil liability for damage
If the unit fails, performs below specifications, overdrafts electrical circuits, leaks refrigerant, or causes mold or structural damage, the installer can be sued.
Professional negligence claims
Installing non-certified equipment is a breach of standard practice.
Insurance denial
Work performed with illegal equipment can void contractor liability insurance coverage.
Installers who choose these units are assuming direct legal and financial responsibility.
Loss of Contractor License
Boards can suspend or revoke licenses for installing non-certified or illegally rated equipment.
Civil Liability for Damage
If the unit fails, performs below specifications, overdrafts electrical circuits, leaks refrigerant, or causes mold or structural damage, the installer can be sued.
Professional Negligence Claims
Installing non-certified equipment is a breach of standard practice.
Insurance Denial
Work performed with illegal equipment can void contractor liability insurance coverage.
Installers who choose these units are assuming direct legal and financial responsibility.
Engineers
MEP engineers, Specifiers, Consultants
Engineers face a high risk of exposure if they specify or approve the use of illegal equipment.
Professional malpractice exposure
Specifying equipment that does not meet SEER2 or CEER requirements, or does not appear in AHRI/NRCan Searchable Product Lists with accurate data, is a breach of engineering duty.
Loss of PE license
Stamping drawings with illegal or misclassified equipment creates a direct disciplinary risk.
Design liability
If the equipment fails to meet code, fails load calculations, causes tenant complaints, or drives excessive energy use, the engineer is liable for damages.
Insurance exposure
Errors & Omissions insurers reject claims involving knowingly illegal equipment.
Any engineer who signs off on these units is accepting personal liability.
Building Owners
Developers, Property managers, REITs, Condo associations
Owning a building with illegal HVAC equipment exposes the owner to substantial financial and legal risks.
Code violations and failed inspections
Buildings containing non-certified equipment can fail Local Authority inspections.
Forced removal and replacement
Authorities can mandate the removal of every installed unit, at the owner’s expense.
Insurance cancellation or claim denial
If the equipment is not legal or not NRCan-compliant, insurers may deny coverage or void property insurance policies.
Reduced property value
Buildings with illegal equipment face valuation reductions, impaired financing, and lender objections.
Tenant lawsuits and warranty claims
Tenants can sue for non-performance, high heating/cooling costs.
Fines and enforcement actions
Owners can be fined for every illegal unit installed or operated within the building.
Owning or operating these units exposes the property to material legal and financial damage.
End-Users
Residents, Tenants, Homeowners
Even the resident or end-user is exposed to risk when using non-compliant equipment.
High energy bills and poor performance
Because the published performance data is fake, real-world operating costs are substantially higher than the claimed ratings suggest.
End-users bear financial burdens due to equipment that consumes more power and has limits.
The Million Dollar Challenge
Innova guarantees that the performance numbers published by “Zymbo Dolphin 40” are fake.
Innova will pay one million CAD to any manufacturer, distributor, engineer, or entity that can produce a certified, independent laboratory test report corroborating the claimed capacity and efficiency when tested in accordance with DOE regulations.