Regulations Amending the Energy Efficiency Regulations, 2016 (Amendment 17): SOR/2022-265

Canada Gazette, Part II, Volume 156, Number 26

Registration
SOR/2022-265 December 7, 2022

ENERGY EFFICIENCY ACT

P.C. 2022-1309 December 7, 2022

Her Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to sections 20footnote a and 25 of the Energy Efficiency Act footnote b, makes the annexed Regulations Amending the Energy Efficiency Regulations, 2016 (Amendment 17).

Regulations Amending the Energy Efficiency Regulations, 2016 (Amendment 17)

Amendments

1 Subsection 1(3) of the Energy Efficiency Regulations, 2016 footnote 1 is replaced by the following:

Incorporated standards

(3) In these Regulations, a reference to an AHRI, ANSI, ASHRAE, CGA, CIE, CSA, IES or NEMA MG-1 standard is to be read as a reference to the standard as amended from time to time.

Exception — test procedure waivers

(4) In these Regulations, a reference to a testing standard that is incorporated by reference does not include any test procedure waiver that may be set out in that standard.

2 The Regulations are amended by adding the following after section 11:

Specified Energy-Using Products

Subsection 20.1(2) of Act

11.1 The following energy-using products are specified for the purpose of subsection 20.1(2) of the Act:

3 Section 107 of the Regulations is amended by adding the following in alphabetical order:

space-constrained,
with respect to a single package central air conditioner or a split system central air conditioner, means one that
  • (a) has a cooling capacity that is less than or equal to 8.79 kW (30,000 Btu/h); and
  • (b) has an outdoor or indoor unit that has an overall displacement or at least two overall exterior dimensions that
    • (i) are substantially smaller than those of other units of a similar cooling capacity that are usually installed in single family homes, and
    • (ii) if increased, would result in a considerable increase in the usual cost of installation or in a significant loss in the utility of the product to the consumer. (à espace restreint)
10 C.F.R. Appendix M1
means Appendix M1 to Subpart B, Part 430 of Title 10 to the United States Code of Federal Regulations, entitled Uniform Test Method for Measuring the Energy Consumption of Central Air Conditioners and Heat Pumps, as amended from time to time. (appendice M1 10 C.F.R.)

4 The Regulations are amended by adding the following after section 107:

Type

107.1 For the purposes of these Regulations, a central air conditioner manufactured on or after January 1, 2023 is one of the following types:

5 The definition through-the-wall in section 124 of the Regulations is replaced by the following:

through-the-wall
means, in respect of a single package central air conditioner, one that has a cooling capacity less than or equal to 8.79 kW (30,000 Btu/h), is designed to be installed through an exterior wall and is manufactured prior to January 1, 2023. (mural)

6 Tables 1 and 2 to section 126 of the Regulations are replaced by the following:

TABLE 1

Item

Column 1

Energy-using Product

Column 2

Testing Standard

Column 3

Energy Efficiency Standard

Column 4

Period of Manufacture

1

Single package central air conditioners, other than those that are through-the-wall or small-duct and high-velocity

CSA C656-14 for seasonal energy efficiency ratio

10 C.F.R. Appendix M for off mode power consumption

Seasonal energy efficiency
ratio ≥ 14.0

Off mode power consumption ≤ 30 W

On or after February 3, 1995 and before January 1, 2023

2

Single package central air conditioners that are through-the-wall

CSA C656-05 for seasonal energy efficiency ratio

10 C.F.R. Appendix M for off mode power consumption

Seasonal energy efficiency
ratio ≥ 12.0

Off mode power consumption ≤ 30 W

On or after February 3, 1995 and before January 1, 2023

3

Single package central
air conditioners that are
small-duct and high-velocity

CSA C656-14 for seasonal energy efficiency ratio

10 C.F.R. Appendix M for off mode power consumption

Seasonal energy efficiency
ratio ≥ 12.0

Off mode power consumption ≤ 30 W

On or after February 3, 1995 and before January 1, 2023

4

Single package central air conditioners, other than those that are space-constrained

10 C.F.R. Appendix M1

Seasonal energy efficiency
ratio 2 ≥ 13.4

Off mode power consumption ≤ 30 W

On or after January 1, 2023

5

Single package central air conditioners that are space-constrained

10 C.F.R. Appendix M1

Seasonal energy efficiency
ratio 2 ≥ 11.7

Off mode power consumption ≤ 30 W

On or after January 1, 2023

TABLE 2

Item

Column 1

Energy-using Product

Column 2

Testing Standard

Column 3

Energy Efficiency Standard

Column 4

Period of Manufacture

1

Single package central air conditioners, other than those that are through-the-wall, or small-duct and high-velocity

CSA C656-14

Seasonal energy efficiency ratio ≥ 14.0

On or after February 3, 1995 and before January 1, 2023

2

Single package central air conditioners, other than those that are space-constrained

CSA C656-14

Seasonal energy efficiency ratio ≥ 14.0

On or after January 1, 2023

3

Single package central air conditioners that are through-the-wall

CSA C656-05

Seasonal energy efficiency ratio ≥ 12.0

On or after February 3, 1995 and before January 1, 2023

4

Single package central air conditioners that are space-constrained

CSA C656-14

Seasonal energy efficiency ratio ≥ 12.0

On or after January 1, 2023

5

Single package central air conditioners that are small-duct and high-velocity

CSA C656-14

Seasonal energy efficiency ratio ≥ 12.0

On or after January 1, 2017 and before January 1, 2023

7 The table to section 127 of the Regulations is replaced by the following:

TABLE

Item

Column 1

Energy-using Product

Column 2

Testing Standard

Column 3

Information

1

Single package central air conditioners that are single-phase, other than those that are through-the-wall, manufactured on or after February 3, 1995 and before January 1, 2023

CSA C656-14 for information set out in paragraphs (a) to (c)

10 C.F.R. Appendix M for off mode power consumption

  • (a) product classification set out in column II of Table 1 to CSA C656-14;
  • (b) cooling capacity in kW (Btu/h);
  • (c) seasonal energy efficiency ratio;
  • (d) off mode power consumption, in watts; and
  • (e) phase of electric current.

2

Single package central air conditioners that are three-phase, other than those that are through-the-wall, manufactured on or after February 3, 1995 and before January 1, 2023

CSA C656-14 for information set out in paragraphs (a) to (c)

  • (a) product classification set out in column II of Table 1 to CSA C656-14;
  • (b) cooling capacity in kW (Btu/h);
  • (c) seasonal energy efficiency ratio; and
  • (d) phase of electric current.

3

Single package central air conditioners that are single-phase, through-the-wall and manufactured on or after February 3, 1995 and before January 1, 2023

CSA C656-05 for information set out in paragraphs (a) to (c)

10 C.F.R. Appendix M for off mode power consumption

  • (a) product classification set out in column II of Table 1 to CSA C656-05;
  • (b) cooling capacity in kW (Btu/h);
  • (c) seasonal energy efficiency ratio;
  • (d) off mode power consumption, in watts; and
  • (e) phase of electric current.

4

Single package central air conditioners that are three-phase, through-the-wall and manufactured on or after February 3, 1995 and before January 1, 2023

CSA C656-05 for information set out in paragraphs (a) to (c)

  • (a) product classification set out in column II of Table 1 to CSA C656-05;
  • (b) cooling capacity in kW (Btu/h);
  • (c) seasonal energy efficiency ratio; and
  • (d) phase of electric current.

5

Single package central air conditioners that are three-phase and manufactured on or after January 1, 2023

CSA C656-14 for information set out in paragraphs (a) to (c)

  • (a) product classification set out in column II of Table 1 to CSA C656-14;
  • (b) cooling capacity in kW (Btu/h);
  • (c) seasonal energy efficiency ratio; and
  • (d) phase of electric current.

6

Single package central air conditioners that are single-phase and manufactured on or after January 1, 2023

10 C.F.R. Appendix M1 for information set out in paragraphs (b) to (d)

  • (a) type;
  • (b) cooling capacity in kW (Btu/h);
  • (c) seasonal energy efficiency ratio 2;
  • (d) off mode power consumption, in watts; and
  • (e) phase of electric current.

8 The heading of Subdivision F of Division 2 of Part 2 of the English version of the Regulations is replaced by the following:

Split System Central Air Conditioners

9 (1) The definition split-system central air conditioner in section 132 of the English version of the Regulations is repealed.

(2) Section 132 of the English version of the Regulations is amended by adding the following in alphabetical order:

split system central air conditioner
means a single-phase or three-phase central air conditioner that is a split system and that has a cooling capacity of less than 19 kW (65,000 Btu/h). (climatiseur central bibloc)

10 Tables 1 and 2 to section 134 of the Regulations are replaced by the following:

TABLE 1

Item

Column 1

Energy-using Product

Column 2

Testing Standard

Column 3

Energy Efficiency Standard

Column 4

Period of Manufacture

1

Split system central air conditioners, other than those that are small-duct and high-velocity

CSA C656-14 for seasonal energy efficiency ratio

10 C.F.R. Appendix M for off mode power consumption

Seasonal energy efficiency ratio ≥ 13.0

Off mode power consumption ≤ 30 W

On or after February 3, 1995 and before January 1, 2023

2

Split system central air conditioners that are small-duct and high-velocity

CSA C656-14 for seasonal energy efficiency ratio

10 C.F.R. Appendix M for off mode power consumption

Seasonal energy efficiency ratio ≥ 12.0

Off mode power consumption ≤ 30 W

On or after February 3, 1995 and before January 1, 2023

3

Split system central air conditioners, other than those that are space-constrained or small-duct and high-velocity

10 C.F.R. Appendix M1

Seasonal energy efficiency ratio 2 ≥ 13.4

Off mode power consumption ≤ 30 W

On or after January 1, 2023

4

Split system central air conditioners that are small-duct and high-velocity

10 C.F.R. Appendix M1

Seasonal energy efficiency ratio 2 ≥ 12.0

Off mode power consumption ≤ 30 W

On or after January 1, 2023

5

Split system central air conditioners that are space-constrained

10 C.F.R. Appendix M1

Seasonal energy efficiency ratio 2 ≥ 11.7

Off mode power consumption ≤ 30 W

On or after January 1, 2023

TABLE 2

Item

Column 1

Energy-using Product

Column 2

Testing Standard

Column 3

Energy Efficiency Standard

Column 4

Period of Manufacture

1

Split system central air conditioners, other than those that are small-duct and high-velocity

CSA C656-14

Seasonal energy efficiency ratio ≥ 13.0

On or after February 3, 1995

2

Split system central air conditioners that are small-duct and high-velocity

CSA C656-14

Seasonal energy efficiency ratio ≥ 12.0

On or after February 3, 1995

11 The table to section 135 of the Regulations is replaced by the following:

TABLE

Item

Column 1

Energy-using Product

Column 2

Testing Standard

Column 3

Information

1

Split system central air conditioners that are single-phase and manufactured on or after February 3, 1995 and before January 1, 2023

CSA C656-14 for information set out in paragraphs (a) to (c)

10 C.F.R. Appendix M for off mode power consumption

  • (a) product classification set out in column II of Table 1 to CSA C656-14;
  • (b) cooling capacity in kW (Btu/h);
  • (c) seasonal energy efficiency ratio;
  • (d) off mode power consumption, in watts; and
  • (e) phase of electric current.

2

Split system central air conditioners that are three-phase and manufactured on or after February 3, 1995

CSA C656-14 for information set out in paragraphs (a) to (c)

  • (a) product classification set out in column II of Table 1 to CSA C656-14;
  • (b) cooling capacity in kW (Btu/h);
  • (c) seasonal energy efficiency ratio; and
  • (d) phase of electric current.

3

Split system central air conditioners that are single-phase and manufactured on or after January 1, 2023

10 C.F.R. Appendix M1 for information set out in paragraphs (b) to (d)

  • (a) type;
  • (b) cooling capacity in kW (Btu/h);
  • (c) seasonal energy efficiency ratio 2;
  • (d) off mode power consumption, in watts; and
  • (e) phase of electric current.

12 (1) The portion of the definition small-duct and high-velocity in section 186 of the Regulations before paragraph (a) is replaced by the following:

small-duct and high-velocity
means, with respect to a split system central heat pump or a single package central heat pump, one that has an indoor blower and coil combination that

(2) Section 186 of the Regulations is amended by adding the following in alphabetical order:

space-constrained,
with respect to a single package central heat pump or a split system central heat pump, means one that
  • (a) has a cooling capacity that is less than or equal to 8.79 kW (30,000 Btu/h); and
  • (b) has an outdoor or indoor unit that has an overall displacement or at least two overall exterior dimensions that
    • (i) are substantially smaller than those of other units of a similar cooling capacity that are usually installed in single family homes, and
    • (ii) if increased, would result in a considerable increase in the usual cost of installation or in a significant loss in the utility of the product to the consumer. (à espace restreint)
10 C.F.R. Appendix M1
means Appendix M1 to Subpart B, Part 430 of Title 10 to the United States Code of Federal Regulations, entitled Uniform Test Method for Measuring the Energy Consumption of Central Air Conditioners and Heat Pumps, as amended from time to time. (appendice M1 10 C.F.R.)

13 The Regulations are amended by adding the following after section 186:

Type

186.1 For the purposes of these Regulations, a central heat pump manufactured on or after January 1, 2023 is one of the following types:

14 The heading of Subdivision E of Division 3 of Part 2 of the Regulations is replaced by the following:

Single Package Central Heat Pumps

15 (1) The definition single package heat pump in section 203 of the Regulations is repealed.

(2) The definition through-the-wall in section 203 of the Regulations is replaced by the following:

through-the-wall
means, in respect of a single package central heat pump, one that has a cooling capacity less than or equal to 8.79 kW (30,000 Btu/h), that is designed to be installed through an exterior wall and that is manufactured prior to January 1, 2023. (murale)

(3) Section 203 of the Regulations is amended by adding the following in alphabetical order:

single package central heat pump
means a single-phase or three-phase air-to-air central heat pump that is a single package unit and that has a cooling or heating capacity of less than 19 kW (65,000 Btu/h), but does not include a single package vertical heat pump. (thermopompe centrale monobloc)

16 (1) Subsection 204(1) of the Regulations is replaced by the following:

Energy-using product

204 (1) A single package central heat pump is prescribed as an energy-using product.

(2) Subsection 204(2) of the English version of the Regulations is replaced by the following:

Limit

(2) However, for the purposes of sections 4, 5 and 205, a single package central heat pump is not considered to be an energy-using product unless it is manufactured on or after February 3, 1995.

17 Sections 205 and 206 of the Regulations are replaced by the following:

Energy efficiency standards — single-phase

205 (1) The energy efficiency standards set out in column 3 of Table 1 to this section apply to single-phase single package central heat pumps described in column 1 that are manufactured during the periods set out in column 4.

Energy efficiency standards — three-phase

(1.1) The energy efficiency standards set out in column 3 of Table 2 to this section apply to three-phase single package central heat pumps described in column 1 that are manufactured during the periods set out in column 4.

Testing standard

(2) A single package central heat pump complies with the energy efficiency standard if it meets that standard when tested in accordance with testing procedures established by the standard set out in column 2 that are applicable to a single package central heat pump as defined in section 203.

TABLE 1

Item

Column 1

Energy-using Product

Column 2

Testing Standard

Column 3

Energy Efficiency Standard

Column 4

Period of Manufacture

1

Single package central heat pumps, other than those that are through-the-wall or small-duct and high-velocity

CSA C656-14 for seasonal energy efficiency ratio and heating seasonal performance factor

10 C.F.R. Appendix M for off mode power consumption

Seasonal energy efficiency ratio ≥ 14.0

Heating seasonal performance factor (Region V) ≥ 7.0

Off mode power consumption ≤ 33 W

On or after February 3, 1995 and before January 1, 2023

2

Single package central heat pumps that are through-the-wall

CSA C656-05 for seasonal energy efficiency ratio and heating seasonal performance factor

10 C.F.R. Appendix M for off mode power consumption

Seasonal energy efficiency ratio ≥ 12.0

Heating seasonal performance factor (Region V) ≥ 6.4

Off mode power consumption ≤ 33 W

On or after February 3, 1995 and before January 1, 2023

3

Single package central heat pumps that are small-duct and high-velocity

CSA C656-14 for seasonal energy efficiency ratio and heating seasonal performance factor

10 C.F.R. Appendix M for off mode power consumption

Seasonal energy efficiency ratio ≥ 12.0

Heating seasonal performance factor (Region V) ≥ 6.3

Off mode power consumption ≤ 30 W

On or after February 3, 1995 and before January 1, 2023

4

Single package central heat pumps, other than those that are space-constrained

10 C.F.R. Appendix M1

Seasonal energy efficiency ratio 2 ≥ 13.4

Heating seasonal performance factor 2 (Region V) ≥ 5.4

Off mode power consumption ≤ 33 W

On or after January 1, 2023 and before January 1, 2025

5

Single package central heat pumps that are space-constrained

10 C.F.R. Appendix M1

Seasonal energy efficiency ratio 2 ≥ 11.9

Heating seasonal performance factor 2 (Region V) ≥ 5.0

Off mode power consumption ≤ 33 W

On or after January 1, 2023 and before January 1, 2025

6

Single package central heat pumps, other than those that are space-constrained

10 C.F.R. Appendix M1 with the very low temperature heating test (H4) conducted at -15°C (5°F)

Seasonal energy efficiency ratio 2 ≥ 13.4

Heating seasonal performance factor 2 (Region V) ≥ 5.4

Off mode power consumption ≤ 33 W

On or after January 1, 2025

7

Single package central heat pumps that are space-constrained

10 C.F.R. Appendix M1 with the very low temperature heating test (H4) conducted at -15°C (5°F)

Seasonal energy efficiency ratio 2 ≥ 11.9

Heating seasonal performance factor 2 (Region V) ≥ 5.0

Off mode power consumption ≤ 33 W

On or after January 1, 2025

TABLE 2

Item

Column 1

Energy-using Product

Column 2

Testing Standard

Column 3

Energy Efficiency Standard

Column 4

Period of Manufacture

1

Single package central heat pumps, other than those that are through-the-wall or small-duct and high-velocity

CSA C656-14

Seasonal energy efficiency ratio ≥ 14.0

Heating seasonal performance factor (Region V) ≥ 7.0

On or after February 3, 1995 and before January 1, 2023

2

Single package central heat pumps, other than those that are space-constrained

CSA C656-14

Seasonal energy efficiency ratio ≥ 14.0

Heating seasonal performance factor (Region V) ≥ 7.0

On or after January 1, 2023

3

Single package central heat pumps that are through-the-wall

CSA C656-05

Seasonal energy efficiency ratio ≥ 12.0

Heating seasonal performance factor (Region V) ≥ 6.4

On or after February 3, 1995 and before January 1, 2023

4

Single package central heat pumps that are space-constrained

CSA C656-14

Seasonal energy efficiency ratio ≥ 12.0

Heating seasonal performance factor (Region V) ≥ 6.4

On or after January 1, 2023

5

Single package central heat pumps that are small-duct and high-velocity

CSA C656-14

Seasonal energy efficiency ratio ≥ 12.0

Heating seasonal performance factor (Region V) ≥ 6.3

On or after February 3, 1995 and before January 1, 2023

Information

206 For the purpose of subsection 5(1) of the Act, the information set out in column 3 of the table to this section must be collected and provided to the Minister in respect of a single package central heat pump described in column 1 and, if applicable, the information must be collected in accordance with the standard set out in column 2.

TABLE

Item

Column 1

Energy-using Product

Column 2

Testing Standard

Column 3

Information

1

Single package central heat pumps that are single-phase, other than those that are through-the-wall, manufactured on or after February 3, 1995 and before January 1, 2023

CSA C656-14 for information set out in paragraphs (a) to (e)

10 C.F.R. Appendix M for off mode power consumption

  • (a) product classification set out in column II of Table 1 to CSA C656-14;
  • (b) cooling capacity in kW (Btu/h);
  • (c) heating capacity in kW (Btu/h);
  • (d) seasonal energy efficiency ratio;
  • (e) heating seasonal performance factor and the region for the factor;
  • (f) off mode power consumption, in watts; and
  • (g) phase of electric current.

2

Single package central heat pumps that are three-phase, other than those that are through-the-wall, manufactured on or after February 3, 1995 and before January 1, 2023

CSA C656-14 for information set out in paragraphs (a) to (e)

  • (a) product classification set out in column II of Table 1 to CSA C656-14;
  • (b) cooling capacity in kW (Btu/h);
  • (c) heating capacity in kW (Btu/h);
  • (d) seasonal energy efficiency ratio;
  • (e) heating seasonal performance factor and the region for the factor; and
  • (f) phase of electric current.

3

Single package central heat pumps that are single-phase, through-the-wall and manufactured on or after February 3, 1995 and before January 1, 2023

CSA C656-05 for information set out in paragraphs (a) to (e)

10 C.F.R. Appendix M for off mode power consumption

  • (a) product classification set out in column II of Table 1 to CSA C656-05;
  • (b) cooling capacity in kW (Btu/h);
  • (c) heating capacity in kW (Btu/h);
  • (d) seasonal energy efficiency ratio;
  • (e) heating seasonal performance factor and the region for the factor;
  • (f) off mode power consumption, in watts; and
  • (g) phase of electric current.

4

Single package central heat pumps that are three-phase, through-the-wall and manufactured on or after February 3, 1995 and before January 1, 2023

CSA C656-05 for information set out in paragraphs (a) to (e)

  • (a) product classification set out in column II of Table 1 to CSA C656-05;
  • (b) cooling capacity in kW (Btu/h);
  • (c) heating capacity in kW (Btu/h);
  • (d) seasonal energy efficiency ratio;
  • (e) heating seasonal performance factor and the region for the factor; and
  • (f) phase of electric current.

5

Single package central heat pumps that are single-phase and manufactured on or after January 1, 2023 and before January 1, 2025

10 C.F.R. Appendix M1 for information set out in paragraphs (b) to (i)

  • (a) type;
  • (b) cooling capacity in kW (Btu/h);
  • (c) heating capacity at 8.3°C (47°F) in kW (Btu/h);
  • (d) seasonal energy efficiency ratio 2;
  • (e) information that indicates whether the results from the very low temperature heating test (H4), if conducted at -15°C (5°F), was included in the calculation of the heating seasonal performance factor 2 for Region V;
  • (f) heating seasonal performance factor 2 for Region V;
  • (g) heating capacity at -15°C (5°F) in kW (Btu/h), if the very low temperature heating test (H4) was conducted at -15°C (5°F);
  • (h) coefficient of performance at -15°C (5°F), if the very low temperature heating test (H4) was conducted at -15°C (5°F);
  • (i) off mode power consumption, in watts; and
  • (j) phase of electric current.

6

Single package central heat pumps that are single-phase and manufactured on or after January 1, 2025

10 C.F.R. Appendix M1 with the very low temperature heating test (H4) conducted at -15°C (5°F) for information set out in paragraphs (b) to (h)

  • (a) type;
  • (b) cooling capacity in kW (Btu/h);
  • (c) heating capacity at 8.3°C (47°F) in kW (Btu/h);
  • (d) seasonal energy efficiency ratio 2;
  • (e) heating seasonal performance factor 2 for Region V;
  • (f) heating capacity at -15°C (5°F) in kW (Btu/h);
  • (g) coefficient of performance at -15°C (5°F);
  • (h) off mode power consumption, in watts; and
  • (i) phase of electric current.

7

Single package central heat pumps that are three-phase and manufactured on or after January 1, 2023

CSA C656-14 for information set out in paragraphs (a) to (e)

  • (a) product classification set out in column II of Table 1 to CSA C656-14;
  • (b) cooling capacity in kW (Btu/h);
  • (c) heating capacity in kW (Btu/h);
  • (d) seasonal energy efficiency ratio;
  • (e) heating seasonal performance factor; and
  • (f) phase of electric current.

18 The heading of Subdivision G of Division 3 of Part 2 of the Regulations is replaced by the following:

Split System Central Heat Pumps

19 (1) The definition split-system heat pump in section 211 of the Regulations is repealed.

(2) Section 211 of the Regulations is amended by adding the following in alphabetical order:

split system central heat pump
means a single-phase or three-phase air-to-air central heat pump that is a split system and that has a cooling or heating capacity of less than 19 kW (65,000 Btu/h). (thermopompe centrale bibloc)

20 (1) Subsection 212(1) of the Regulations is replaced by the following:

Energy-using product

212 (1) A split system central heat pump is prescribed as an energy-using product.

(2) Subsection 212(2) of the English version of the Regulations is replaced by the following:

Limit

(2) However, for the purposes of sections 4, 5 and 213, a split system central heat pump is not considered to be an energy-using product unless it is manufactured on or after December 31, 1998.

21 Sections 213 and 214 of the Regulations are replaced by the following:

Energy efficiency standards — single-phase

213 (1) The energy efficiency standards set out in column 3 of Table 1 to this section apply to single-phase split system central heat pumps described in column 1 that are manufactured during the periods set out in column 4.

Energy efficiency standards — three-phase

(1.1) The energy efficiency standards set out in column 3 of Table 2 to this section apply to three-phase split system central heat pumps described in column 1 that are manufactured during the periods set out in column 4.

Testing standard

(2) A split system central heat pump complies with the energy efficiency standard if it meets that standard when tested in accordance with testing procedures established by the standard set out in column 2 that are applicable to a split system central heat pump as defined in section 211.

TABLE 1

Item

Column 1

Energy-using Product

Column 2

Testing Standard

Column 3

Energy Efficiency Standard

Column 4

Period of Manufacture

1

Split system central heat pumps, other than those that are small-duct and high-velocity

CSA C656-14 for seasonal energy efficiency ratio and heating seasonal performance factor

10 C.F.R. Appendix M for off mode power consumption

Seasonal energy efficiency ratio ≥ 14.0

Heating seasonal performance factor (Region V) ≥ 7.1

Off mode power consumption ≤ 33 W

On or after December 31, 1998 and before January 1, 2023

2

Split system central heat pumps that are small-duct and high-velocity

CSA C656-14 for seasonal energy efficiency ratio and heating seasonal performance factor

10 C.F.R. Appendix M for off mode power consumption

Seasonal energy efficiency ratio ≥ 12.0

Heating seasonal performance factor (Region V) ≥ 6.3

Off mode power consumption ≤ 30 W

On or after December 31, 1998 and before January 1, 2023

3

Split system central heat pumps, other than those that are small-duct and high-velocity or space-constrained

10 C.F.R. Appendix M1

Seasonal energy efficiency ratio 2 ≥ 14.3

Heating seasonal performance factor 2 (Region V) ≥ 6.0

Off mode power consumption ≤ 33 W

On or after January 1, 2023 and before January 1, 2025

4

Split system central heat pumps that are small-duct and high-velocity

10 C.F.R. Appendix M1

Seasonal energy efficiency ratio 2 ≥ 12.0

Heating seasonal performance factor 2 (Region V) ≥ 4.9

Off mode power consumption ≤ 30 W

On or after January 1, 2023 and before January 1, 2025

5

Split system central heat pumps that are space-constrained

10 C.F.R. Appendix M1

Seasonal energy efficiency ratio 2 ≥ 11.9

Heating seasonal performance factor 2 (Region V) ≥ 5.0

Off mode power consumption ≤ 33 W

On or after January 1, 2023 and before January 1, 2025

6

Split system central heat pumps, other than those that are small-duct and high-velocity or space-constrained

10 C.F.R. Appendix M1 with the very low temperature heating test (H4) conducted at -15°C (5°F)

Seasonal energy efficiency ratio 2 ≥ 14.3

Heating seasonal performance factor 2 (Region V) ≥ 6.0

Off mode power consumption ≤ 33 W

On or after January 1, 2025

7

Split system central heat pumps that are small-duct and high-velocity

10 C.F.R. Appendix M1 with the very low temperature heating test (H4) conducted at -15°C (5°F)

Seasonal energy efficiency ratio 2 ≥ 12.0

Heating seasonal performance factor 2 (Region V) ≥ 4.9

Off mode power consumption ≤ 30 W

On or after January 1, 2025

8

Split system central heat pumps that are space-constrained

10 C.F.R. Appendix M1 with the very low temperature heating test (H4) conducted at -15°C (5°F)

Seasonal energy efficiency ratio 2 ≥ 11.9

Heating seasonal performance factor 2 (Region V) ≥ 5.0

Off mode power consumption ≤ 33 W

On or after January 1, 2025

TABLE 2

Item

Column 1

Energy-using Product

Column 2

Testing Standard

Column 3

Energy Efficiency Standard

Column 4

Period of Manufacture

1

Split system central heat pumps, other than those that are small-duct and high-velocity

CSA C656-14

Seasonal energy efficiency ratio ≥ 14.0

Heating seasonal performance factor (Region V) ≥ 7.1

On or after December 31, 1998

2

Split system central heat pumps that are small-duct and high-velocity

CSA C656-14

Seasonal energy efficiency ratio ≥ 12.0

Heating seasonal performance factor (Region V) ≥ 6.3

On or after December 31, 1998

Information

214 For the purposes of subsection 5(1) of the Act, the information set out in column 3 of the table to this section must be collected and provided to the Minister in respect of a split system central heat pump described in column 1 and, if applicable, the information must be collected in accordance with the standard set out in column 2.

TABLE

Item

Column 1

Energy-using Product

Column 2

Testing Standard

Column 3

Information

1

Split system central heat pumps that are single-phase and manufactured on or after December 31, 1998 and before January 1, 2023

CSA C656-14 for information set out in paragraphs (a) to (e)

10 C.F.R. Appendix M for off mode power consumption

  • (a) product classification set out in column II of Table 1 to CSA C656-14;
  • (b) cooling capacity in kW (Btu/h);
  • (c) heating capacity in kW (Btu/h);
  • (d) seasonal energy efficiency ratio;
  • (e) heating seasonal performance factor and the region for the factor;
  • (f) off mode power consumption, in watts; and
  • (g) phase of electric current.

2

Split system central heat pumps that are single-phase and manufactured on or after January 1, 2023 and before January 1, 2025

10 C.F.R. Appendix M1 for information set out in paragraphs (b) to (i)

  • (a) type;
  • (b) cooling capacity in kW (Btu/h);
  • (c) heating capacity at 8.3°C (47°F) in kW (Btu/h);
  • (d) seasonal energy efficiency ratio 2;
  • (e) information that indicates whether the results from the very low temperature heating test (H4), if conducted at -15°C (5°F), was included in the calculation of the heating seasonal performance factor 2 for Region V;
  • (f) heating seasonal performance factor 2 for Region V;
  • (g) heating capacity at -15°C (5°F) in kW (Btu/h), if the very low temperature heating test (H4) was conducted at -15°C (5°F);
  • (h) coefficient of performance at -15°C (5°F), if the very low temperature heating test (H4) was conducted at -15°C (5°F);
  • (i) off mode power consumption, in watts; and
  • (j) phase of electric current.

3

Split system central heat pumps that are single-phase and manufactured on or after January 1, 2025

10 C.F.R. Appendix M1 with the very low temperature heating test (H4) conducted at -15°C (5°F) for information set out in paragraphs (b) to (h)

  • (a) type;
  • (b) cooling capacity in kW (Btu/h);
  • (c) heating capacity at 8.3°C (47°F) in kW (Btu/h);
  • (d) seasonal energy efficiency ratio 2;
  • (e) heating seasonal performance factor 2 for Region V;
  • (f) heating capacity at -15°C (5°F) in kW (Btu/h);
  • (g) coefficient of performance at -15°C (5°F);
  • (h) off mode power consumption, in watts; and
  • (i) phase of electric current.

4

Split system central heat pumps that are three-phase and manufactured on or after December 31, 1998

CSA C656-14 for information set out in paragraphs (a) to (e)

  • (a) product classification set out in column II of Table 1 to CSA C656-14;;
  • (b) cooling capacity in kW (Btu/h);
  • (c) heating capacity in kW (Btu/h);
  • (d) seasonal energy efficiency ratio;
  • (e) heating seasonal performance factor and the region for the factor;
  • (f) phase of electric current.

22 Paragraphs 370.1(a) and (b) of the Regulations are replaced by the following:

23 Subsection 371(2) of the Regulations is replaced by the following:

Limits

(2) However, an electric water heater is not considered to be an energy-using product

24 The table to section 373 of the Regulations is replaced by the following:

TABLE

Item

Column 1

Energy-using Product

Column 2

Testing Standard

Column 3

Information

1

Household electric water heaters manufactured on or after February 3, 1995

CSA C191-04 for information set out in paragraphs (a) to (c)

  • (a) Vr;
  • (b) nominal power input of upper and lower elements, in W;
  • (c) standby loss, in W; and
  • (d) cold water inlet configuration, namely, top inlet or bottom inlet.

2

Commercial electric water heaters with a Vr ≤ to 530 L (140 US gallons), manufactured on or after January 1, 2020

10 C.F.R. Appendix B

  • (a) Vr;
  • (b) Vs;
  • (c) standby loss, in %/hr; and
  • (d) input rate, in kW.

3

Commercial electric water heaters with a Vr > 530 L (140 US gallons), manufactured on or after January 1, 2020

10 C.F.R. Appendix B

  • (a) Vr;
  • (b) Vs; and
  • (c) input rate, in kW.

25 (1) Subsections 376(2) to (4) of the Regulations are replaced by the following:

Testing standard — household

(2) A household gas-fired storage water heater complies with the energy efficiency standard if it meets that standard when tested in accordance with testing procedures established by the standard set out in column 2 of Table 1 that are applicable to a gas-fired storage water heater as defined in section 374.

Energy efficiency standards — commercial

(3) The energy efficiency standards set out in column 3 of Table 2 to this section apply to commercial gas-fired storage water heaters described in column 1 that are manufactured on or after July 1, 2023.

Testing standard — commercial

(4) A commercial gas-fired storage water heater complies with the energy efficiency standard if it meets that standard when tested in accordance with testing procedures established by the standard set out in column 2 of Table 2 that are applicable to a gas-fired storage water heater as defined in section 374.

(2) The portion of item 6 of Table 1 to section 376 of the Regulations in column 1 is replaced by the following:

Item

Column 1

Energy-using Product

6

Household gas-fired storage water heaters that have a first-hour rating of ≥ 284 L (75 US gallons)

(3) Table 2 to section 376 of the Regulations is replaced by the following:

TABLE 2

Item

Column 1

Energy-using Product

Column 2

Testing Standard

Column 3

Energy Efficiency Standard

1

Commercial gas-fired storage water heaters, other than replacement units, that have an input rate of > 21.97 kW (75,000 Btu/h) but ≤ 30.5 kW (105,000 Btu/h), have a Vr of ≤ 454 L (120 US gallons), use single-phase power and limit water temperatures to < 82°C (180°F)

CSA P.3-15

Uniform energy factor ≥ 0.8107-0.00021 Vs

2

Commercial gas-fired storage water heaters that are replacement units, have an input rate of > 21.97 kW (75,000 Btu/h) but ≤ 30.5 kW (105,000 Btu/h), have a Vr of ≤ 454 L (120 US gallons), use single-phase power and limit water temperatures to < 82°C (180°F)

CSA P.3-15

Uniform energy factor ≥ 0.6597-0.00024 Vs

3

Commercial gas-fired storage water heaters, other than replacement units, that have a Vr of > 530 L (140 US gallons)

10 C.F.R. Appendix A

Thermal efficiency ≥ 90%

4

Commercial gas-fired storage water heaters that are replacement units and that have a Vr of > 530 L (140 US gallons)

10 C.F.R. Appendix A

Thermal efficiency ≥ 80%

5

Commercial gas-fired storage water heaters, other than those described in items 1 and 3, that are not replacement units

10 C.F.R. Appendix A

Thermal efficiency ≥ 90%

Standby loss ≤ 0.84 (1.25 Q + 16.57√Vs)

6

Commercial gas-fired storage water heaters, other than those described in items 2 and 4, that are replacement units

10 C.F.R. Appendix A

Thermal efficiency ≥ 80%

Standby loss ≤ 1.25 Q + 16.57√Vs

26 The table to section 377 of the Regulations is replaced by the following:

TABLE

Item

Column 1

Energy-using Product

Column 2

Testing Standard

Column 3

Information

1

Household gas-fired storage water heaters that are manufactured on or after February 3, 1995 and before January 1, 2018

CSA P.3-04

  • (a) input rate, in kW (Btu/h);
  • (b) recovery efficiency;
  • (c) type of fuel used;
  • (d) annual energy consumption, in kJ;
  • (e) first-hour rating, in L;
  • (f) Vr; and
  • (g) energy factor.

2

Household gas-fired storage water heaters that are manufactured on or after January 1, 2018

CSA P.3-04, if a certification body has verified that the product is in compliance with the energy efficiency standard set out in any of paragraphs 3(a), 4(a), 5(a) and 6(a) of Table 1 to section 376

CSA P.3-15, if a certification body has verified that the product is in compliance with the energy efficiency standard set out in any of paragraphs 3(b), 4(b), 5(b) and 6(b) of Table 1 to section 376

  • (a) input rate, in kW (Btu/h);
  • (b) recovery efficiency;
  • (c) type of fuel used;
  • (d) annual energy consumption, in kJ;
  • (e) first-hour rating, in L;
  • (f) Vr;
  • (g) energy factor, if a certification body has verified that the product is in compliance with the energy efficiency standard set out in any of paragraphs 3(a), 4(a), 5(a) and 6(a) of Table 1 to section 376; and
  • (h) uniform energy factor and Vs, if a certification body has verified that the product is in compliance with the energy efficiency standard set out in any of paragraphs 3(b), 4(b), 5(b) and 6(b) of Table 1 to section 376.

3

Commercial gas-fired storage water heaters that have an input rate of > 21.97 kW (75,000 Btu/h) but ≤ 30.5 kW (105,000 Btu/h), have a Vr of ≤ 454 L (120 US gallons), use single-phase power, limit water temperatures to < 82°C (180°F) and are manufactured on or after July 1, 2023

CSA P.3-15

  • (a) uniform energy factor;
  • (b) Vr;
  • (c) Vs;
  • (d) input rate, in kW (Btu/h);
  • (e) type of fuel used; and
  • (f) information that indicates whether the product is a replacement unit.

4

Commercial gas-fired storage water heaters with a Vr of > 530 L (140 US gallons) that are manufactured on or after July 1, 2023

10 C.F.R. Appendix A

  • (a) thermal efficiency;
  • (b) Vr;
  • (c) Vs;
  • (d) input rate, in kW (Btu/h);
  • (e) type of fuel used; and
  • (f) information that indicates whether the product is a replacement unit.

5

Commercial gas-fired storage water heaters, other than those described in items 3 and 4, that are manufactured on or after July 1, 2023

10 C.F.R. Appendix A

  • (a) thermal efficiency;
  • (b) standby loss, in W;
  • (c) Vr;
  • (d) Vs;
  • (e) input rate, in kW (Btu/h);
  • (f) type of fuel used; and
  • (g) information that indicates whether the product is a replacement unit.

27 (1) Subsection 380(4) of the Regulations is replaced by the following:

Testing standard — commercial

(4) A commercial oil-fired water heater complies with the energy efficiency standard if it meets that standard when tested in accordance with testing procedures established by the standard set out in column 2 of Table 2 that are applicable to an oil-fired water heater as defined in section 378.

(2) The portion of item 6 of Table 1 to section 380 of the Regulations in column 1 is replaced by the following:

Item

Column 1

Energy-using Product

6

Household oil-fired water heaters that have a first-hour rating of ≥ 284 L (75 US gallons)

(3) Table 2 to section 380 of the Regulations is replaced by the following:

TABLE 2

Item

Column 1

Energy-using Product

Column 2

Testing Standard

Column 3

Energy Efficiency Standard

1

Commercial oil-fired water heaters that have an input rate of > 30.5 kW (105,000 Btu/h) but ≤ 40.99 kW (140,000 Btu/h), have a Vr of ≤ 454 L (120 US gallons), use single-phase power, limit water temperatures to < 82°C (180°F) and are manufactured on or after January 1, 2020

CSA P.3-15

Uniform energy factor ≥ 0.6740 - 0.00035 Vs

2

Commercial oil-fired water heaters with a Vr of > 530 L (140 US gallons) that are manufactured on or after January 1, 2020

10 C.F.R. Appendix A

Thermal efficiency ≥ 80%

3

Commercial oil-fired water heaters, other than those described in items 1 and 2, that are manufactured on or after January 1, 2020

10 C.F.R. Appendix A

Thermal efficiency ≥ 80%

Standby loss ≤ 1.25 Q + 16.57√Vs

28 (1) The portion of section 381 of the English version of the Regulations before the table is replaced by the following:

Information

381 For the purpose of subsection 5(1) of the Act, the information set out in column 3 of the table to this section must be collected in accordance with the standard set out in column 2 and provided to the Minister in respect of an oil-fired water heater described in column 1.

(2) Items 3 and 4 of the table to section 381 of the Regulations are replaced by the following:

TABLE

Item

Column 1

Energy-using Product

Column 2

Standard

Column 3

Information

3

Commercial oil-fired water heaters that have an input rate of > 30.5 kW (105,000 Btu/h) but ≤ 40.99 kW (140,000 Btu/h), have a Vr of ≤ 454 L (120 US gallons), use single-phase power, limit water temperatures to < 82°C (180°F) and are manufactured on or after January 1, 2020

CSA P.3-15

  • (a) input rate, in kW (Btu/h);
  • b) uniform energy factor;
  • (c) Vr; and
  • (d) Vs.

4

Commercial oil-fired water heaters with a Vr of > 530 L (140 US gallons) that are manufactured on or after January 1, 2020

10 C.F.R. Appendix A

  • (a) input rate, in kW (Btu/h);
  • b) thermal efficiency;
  • (c) Vr; and
  • (d) Vs.

5

Commercial oil-fired water heaters, other than those described in items 3 and 4, that are manufactured on or after January 1, 2020

10 C.F.R. Appendix A

  • (a) input rate, in kW (Btu/h);
  • (b) thermal efficiency;
  • (c) Vr;
  • (d) Vs; and
  • (e) standby loss, in W.

29 Paragraph (b) of the definition lampe à spectre modifié in section 424 of the French version of the Regulations is replaced by the following:

30 Paragraph 428(2)(a) of the Regulations is replaced by the following:

31 Subsection 449(1) of the Regulations is amended by adding the following in alphabetical order:

10 C.F.R. Appendix Q means Appendix Q to Subpart B, Part 430 of Title 10 to the United States Code of Federal Regulations, entitled Uniform Test Method for Measuring the Energy Consumption of Fluorescent Lamp Ballasts, as amended from time to time. (appendice Q 10 C.F.R.)

32 The portion of items 2 to 10 of the table to section 451 of the Regulations in column 2 is replaced by the following:

Item

Column 2

Standard

2

CSA C654-14 or 10 C.F.R. Appendix Q

3

CSA C654-14 or 10 C.F.R. Appendix Q

4

CSA C654-14 or 10 C.F.R. Appendix Q

5

CSA C654-14 or 10 C.F.R. Appendix Q

6

CSA C654-14 or 10 C.F.R. Appendix Q

7

CSA C654-14 or 10 C.F.R. Appendix Q

8

CSA C654-14 or 10 C.F.R. Appendix Q

9

CSA C654-14 or 10 C.F.R. Appendix Q

10

CSA C654-14 or 10 C.F.R. Appendix Q

33 Paragraph 518(1)(b) of the Regulations is replaced by the following:

34 (1) The definitions R-value, walk-in cooler, walk-in door assembly, walk-in freezer, walk-in panel and walk-in refrigeration system in Section 657 of the Regulations are replaced by the following:

R-value
means, in respect of a walk-in panel and a walk-in door assembly, its thermal resistance, expressed in square foot Fahrenheit per Btu/h (ftfootnote 2·°F·h/Btu). (valeur-R)
walk-in cooler
means an enclosed storage space that has an area of less than 278.71 m2 (3,000 square feet) and is designed to be cooled to temperatures at or above 0°C and to allow a person to enter, but does not include a walk-in cooler that is designed and marketed exclusively for medical, scientific or research purposes. (réfrigérateur-chambre)
walk-in door assembly
means an assembly that is installed, or is designed to be installed, in an opening of an interior or exterior wall of a walk-in cooler or walk-in freezer in order to allow access through the opening or to close it off and that consists of the framing material necessary for its attachment and a moveable door panel, including any glass, door plugs or mullions, but does not include a walk-in door assembly that is designed and marketed exclusively for medical, scientific or research purposes. (assemblage de porte de chambre froide)
walk-in freezer
means an enclosed storage space that has an area of less than 278.71 m2 (3000 square feet) and is designed to be cooled to temperatures below 0°C and to allow a person to enter, but does not include a walk-in freezer that is designed and marketed exclusively for medical, scientific or research purposes. (congélateur-chambre)
walk-in panel
means a panel that is installed, or is designed to be installed, as part of the envelope of a walk-in cooler or walk-in freezer, but does not include a walk-in door assembly or a walk-in panel that is designed and marketed exclusively for medical, scientific or research purposes. (panneau de chambre froide)
walk-in refrigeration system
means a refrigeration system that is installed, or that is designed to be installed, in a walk-in cooler or walk-in freezer and has a unit cooler or a dedicated condensing refrigeration system. It includes all controls and other components that are integral to its operation but does not include a walk-in process cooling refrigeration system or a walk-in refrigeration system that is designed and marketed exclusively for medical, scientific or research purposes. (système de réfrigération de chambre froide)

(2) Section 657 of the Regulations is amended by adding the following in alphabetical order:

Add
represents, with respect to display door assemblies, the surface area in m2 (square feet). (App)
And
represents, with respect to a door assembly other than a display door assembly, the surface area in m2 (square feet). (Apa)
envelope
means
  • (a) the portion of a walk-in cooler or walk-in freezer that isolates the interior, refrigerated environment from the ambient, external environment; and
  • (b) all energy-consuming components of the walk-in cooler or walk-in freezer that are not part of its refrigeration system. (enveloppe)
Net Refrigeration Capacity or (qnet)
is the net refrigeration capacity available for space and product cooling. (puissance frigorifique nette ou qnet)
RSI-value
means, in respect of a walk-in panel and a walk-in door assembly, its thermal resistance, in square metre kelvins per watt (m2·K/W). (valeur-RSI)
35 The portion of items 3 to 6 of the table to section 660 of the Regulations in columns 2 and 3 are replaced by the following:

Item

Column 2

Standard

Column 3

Energy Efficiency Standard

3

10 C.F.R. Appendix A for Edaily

10 C.F.R. Appendix B for RSI-value (R-value)

Edaily ≤ 0.4306 × And + 1.9 (0.04 × And + 1.9)

RSI-value ≥ 4.40 m2·K/W (25 ftfootnote 2·°F·h/Btu)

4

10 C.F.R. Appendix A for Edaily

10 C.F.R. Appendix B for RSI-value (R-value)

Edaily ≤ 1.2917 × And + 5.6 (0.12 × And + 5.6)

RSI-value ≥ 5.64 m2·K/W (32 ftfootnote 2·°F·h/Btu)

5

10 C.F.R. Appendix A for Edaily

10 C.F.R. Appendix B for RSI-value (R-value)

Edaily ≤ 0.5382 × And + 1.7 (0.05 × And + 1.7)

RSI-value ≥ 4.40 m2·K/W (25 ftfootnote 2·°F·h/Btu)

6

10 C.F.R. Appendix A for Edaily

10 C.F.R. Appendix B for RSI-value (R-value)

Edaily ≤ 1.5069 × And + 4.8 (0.14 × And + 4.8)

RSI-value ≥ 5.64 m2·K/W (32 ftfootnote 2·°F·h/Btu)

36 Paragraph 661(d) of the Regulations is replaced by the following:

37 The portion of items 1 to 3 of the table to section 663 of the Regulations in column 2 is replaced by the following:

Item

Column 2

Energy Efficiency Standard

1

RSI-value ≥ 4.40 m2·K/W (25 ftfootnote 2·°F·h/Btu)

2

RSI-value ≥ 5.64 m2·K/W (32 ftfootnote 2·°F·h/Btu)

3

RSI-value ≥ 4.93 m2·K/W (28 ftfootnote 2·°F·h/Btu)

38 Paragraph 664(a) of the Regulations is replaced by the following:

39 (1) The portion of items 1 to 7 of the table to section 666 of the Regulations in column 2 is replaced by the following:

Item

Column 2

Energy Efficiency Standard

1

Annual walk-in energy factor ≥ 1.644 W-h/W-h (5.61 Btu/W-h)

2

Annual walk-in energy factor ≥ 2.227 W-h/W-h (7.60 Btu/W-h)

3

Annual walk-in energy factor ≥ 9.091 x 10-5 x qnet + 0.530 W-h/W-h (9.091 x 10-5 x qnet+ 1.81 Btu/W-h)

4

Annual walk-in energy factor ≥ 0.703 W-h/W-h (2.40 Btu/W-h)

5

Annual walk-in energy factor ≥ 6.522 x 10-5 x qnet + 0.800 W-h/W-h (6.522 x 10-5 x qnet + 2.73 Btu/W-h)

6

Annual walk-in energy factor ≥ 0.923 W-h/W-h (3.15 Btu/W-h)

7

Annual walk-in energy factor ≥ 2.638 W-h/W-h (9.00 Btu/W-h)

(2) The portion of items 8 and 9 of the table to section 666 of the Regulations in columns 1 and 2 is replaced by the following:

Item

Column 1

Energy-using Product

Column 2

Energy Efficiency Standard

8

Walk-in freezer unit coolers with a fan motor that operates using direct current or has a nominal voltage of not more than 480 V AC and with a net refrigeration capacity of < 4540 W (15,500 Btu/h)

Annual walk-in energy factor ≥ 1.575 x 10-5 x qnet + 1.146 W-h/W-h (1.575 x 10-5 x qnet + 3.91 Btu/W-h)

9

Walk-in freezer unit coolers with a fan motor that operates using direct current or has a nominal voltage of not more than 480 V AC and with a net refrigeration capacity of ≥ 4540 W (15,500 Btu/h)

Annual walk-in energy factor ≥ 1.216 W-h/W-h (4.15 Btu/W-h)

40 The reference “[707 to 748 reserved]” after section 706 of the Regulations is replaced by the following:

[707 to 747 reserved]

41 The Regulations are amended by adding the following after the heading of Division 12 of Part 2:

Definitions

Definitions

748 The following definitions apply in this Division.

CSA C390-10
means the CSA standard CSA C390-10 entitled Test methods, marking requirements, and energy efficiency levels for three-phase induction motors. (CSA C390-10)
IEC 60034-2-1
means the IEC standard CEI/IEC 60034-2-1 entitled Rotating electrical machines – Part 2-1: Standard methods for determining losses and efficiency from tests (excluding machines for traction vehicles), as amended from time to time. (CEI 60034-2-1)
IEEE 112
means the IEEE standard IEEE 112 entitled Standard Test Procedure for Polyphase Induction Motors and Generators, as amended from time to time. (IEEE 112)

42 (1) The definitions CSA C390-10 and IEEE 112-2004 in section 749 of the Regulations are repealed.

(2) The definition NEMA MG-1 in section 749 of the Regulations is replaced by the following:

NEMA MG-1
means the NEMA standard MG 1 entitled NEMA MG 1 Motors and Generators. (NEMA MG-1)
43 (1) The portion of items 1 and 2 of the table to section 751 of the Regulations in column 2 is replaced by the following:

Item

Column 2

Standard

1

CSA C390-10, IEEE 112 or IEC 60034-2-1

2

CSA C390-10, IEEE 112 or IEC 60034-2-1

(2) The portion of item 8 of the table to section 751 of the Regulations in column 2 is replaced by the following:

Item

Column 2

Standard

8

CSA C390-10, IEEE 112 or IEC 60034-2-1

44 The portion of item 2 of the table to section 752 of the Regulations in column 2 is replaced by the following:

Item

Column 2

Standard

2

CSA C390-10, IEEE 112 or IEC 60034-2-1

45 Subparagraphs 755(2)(c)(i) to (iii) of the Regulations are replaced by the following:

46 Paragraphs 756(2)(a) to (c) of the Regulations are replaced by the following:

47 The Regulations are amended by replacing “Standard” with “Testing Standard” in the following provisions:

Coming into Force

48 (1) Subject to subsection (2), these Regulations come into force on the day on which they are published in the Canada Gazette, Part II.

(2) Sections 1, 2 and 22 to 47 come into force on the day that, in the sixth month after the month in which these Regulations are published in the Canada Gazette, Part II, has the same calendar number as the day on which they are published or, if that sixth month has no day with that number, the last day of that sixth month.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues: Canada’s building sector (including homes and commercial and institutional buildings) is a significant contributor to Canada’s total energy consumption and greenhouse gas emissions, especially for space and water heating. Regulating the energy use of products is one of many tools available to the Government to reduce energy consumption and support the goal of net-zero emissions by 2050. Nevertheless, unnecessary regulatory differences across jurisdictions can hinder cross-border trade and investment and ultimately impose a cost on citizens, businesses, and economies. In this context, regulatory actions are necessary at this time to keep pace with changes that have been done in the United States, and to put in place tools that will facilitate maintaining alignment in the future.

Description: The Amendment updates energy efficiency and testing standards for central air conditioners and central heat pumps primarily used in the residential sector to prevent upcoming unnecessary regulatory differences between Canada and the United States. In addition, the Amendment makes other minor changes to currently regulated products to address known issues with Canadian requirements to ensure that the Energy Efficiency Regulations, 2016 (the Regulations) align with the U.S. requirements more clearly where already intended. Finally, the Amendment specifies select energy-using products that are considered already in alignment with another jurisdiction in order for the Minister of Natural Resources (the Minister) to be able to exercise the ministerial regulations authority, at his discretion in the future, to maintain harmonization between requirements set out in another jurisdiction.

Rationale: The Amendment will benefit Canadians by reducing energy consumption and resulting greenhouse gas emissions of products used in homes. Homeowners will benefit from reduced energy costs associated with the use of more efficient technologies. The Amendment will also set out how authorities granted in the last update to Canada’s Energy Efficiency Act will help reduce unintended misalignment with the United States Department of Energy and facilitate future efforts to maintain alignment for products where a requirement (energy efficiency standards, testing standards, or information) is already aligned with that of another jurisdiction.

Throughout the development of the Amendment, stakeholders were provided several opportunities to comment on the changes being considered. Overall, stakeholders are supportive of the Amendment and recognize its potential benefit for consumers, utility programs, and climate change.

The present value of the net benefits of the Amendment is estimated to be about $1.66 billion by 2050, with total benefits exceeding total costs by a ratio of more than 5:1. By 2050, the present value of benefits and costs from the Amendment is estimated to be about $2.04 billion and $382.02 million, respectively. On an annualized average basis, this equates to benefits and costs of about $109 million and $20 million, respectively. The Amendment is estimated to result in a total annual reduction of energy consumption in Canada of about 2.1 petajoules and 0.18 megatonnes of greenhouse gas emission reductions in 2050; and total cumulative energy consumption and greenhouse gas emission reductions of approximately 37.8 petajoules and 3.2 megatonnes of carbon dioxide equivalent by 2050.

The quantified benefits have been calculated as the sum of the energy savings, the benefits of reductions in greenhouse gas emissions over the service life of products shipped by 2050, and the cost savings associated with preventing unnecessary regulatory differences. The quantified costs include incremental technology costs to meet the more stringent standards, and administrative and compliance costs for businesses.

If Canada does not amend the Regulations, select requirements would unintentionally be misaligned with key testing standards from the United States Department of Energy, which could impact cross-border trade, would require companies to test differently for Canada, and ultimately increase costs for citizens, businesses and economies. In addition, in the absence of a regulatory approach, a market for low-efficiency products would continue.

Issues

Canada’s building sector (including homes and commercial and institutional buildings) is a significant contributor to Canada’s total energy consumption and greenhouse gas (GHG) emissions, especially for space and water heating. This sector accounted for almost 18% of national GHG emissions in 2018.footnote 2 The levels of GHG emissions in the building sector are largely determined by the energy-using products used. For instance, products that combust fossil fuels to generate heat lead to direct carbon dioxide emissions at the site, while products that consume electricity can contribute to GHG emissions at the point of electricity generation.

Regulating the energy use of products is one of many tools available to the Government to reduce energy consumption, ensure a competitive, more sustainable and resilient economy, and support the goal of net-zero emissions by 2050.

Unnecessary differences across jurisdictions on energy efficiency or testing standards of products can hinder cross-border trade and investment and ultimately impose a cost on citizens, businesses, and economies. While Canada and the United States are currently aligned on energy efficiency and testing standards for central air conditioners and central heat pumps, the United States Department of Energy (U.S. DOE) has finalized new energy efficiency and testing standards set to become effective as of January 1, 2023, and without Canadian regulatory actions now, alignment for these products would not be maintained. As it is currently the intent to be aligned with the United States for various other regulated products, without regulatory actions at this time, alignment for these products would not be maintained.

For products where alignment on energy efficiency standards, testing standards or information to be provided by dealers already exists between Canada and the United States, not specifying the energy-using products to ensure that the Minister can exercise the ministerial regulations authority, an authority recently added under the Energy Efficiency Act, would slow down future regulatory processes aimed at maintaining harmonization with requirements set out in another jurisdiction.footnote 3

Background

In 1992, Parliament passed the Energy Efficiency Act, which provides for the making and enforcement of regulations requiring energy-using products that are imported or shipped inter-provincially for the purpose of sale or lease to meet prescribed energy efficiency standards.

The Energy Efficiency Regulations came into force in 1995 to reduce energy consumption in Canada, and continue to be a key tool to reduce energy consumption and help reduce GHG emissions. In 2016, the Energy Efficiency Regulations, 2016 (the Regulations) replaced the original Energy Efficiency Regulations to remove references to obsolete and out-of-date standards and improve the organization of the regulatory text, making it easier for stakeholders to find and understand the requirements that apply to them. The Regulations are amended regularly to add or update energy efficiency standards, testing standards, prescribed information and verification requirements for energy-using products used in the residential, commercial, institutional and industrial sectors.

In 2011, the Canada–United States Regulatory Cooperation Council stated in the Joint Action Plan for the Canada–United States Regulatory Cooperation Council that unnecessary regulatory differences and duplicative actions hinder cross-border trade and investment and ultimately impose a cost on citizens, businesses and economies. Since August 2014, with the Canada–United States Regulatory Cooperation Council Joint Forward Plan, Canada and the United States have worked towards aligning new and existing energy efficiency and testing standards for energy-using products where it makes sense, to the extent practicable and permitted by law within the context of the Canada–United States Regulatory Cooperation Council.

In December 2016, First Ministers adopted the Pan-Canadian Framework on Clean Growth and Climate Change, which presents the country’s plan to meet its GHG emissions reduction targets, grow the economy, and build resilience to a changing climate. Canada’s “Build Smart” plan outlined an approach for the Canadian building sector that includes improving energy efficiency for products.footnote 4

In January 2017, the U.S. DOE published in the Federal Register a direct final rule pertaining to residential central air conditioners and central heat pumps, which introduced new testing standards and more stringent energy efficiency standards and associated performance metrics.footnote 5 Compliance with the amended standards will be required starting on January 1, 2023.

In 2017, the amendments to the Energy Efficiency Act gave the federal government more tools and greater flexibility to ensure that Canada’s energy efficiency and testing standards can align more effectively with those of trading partners, including the ministerial regulations authority to make technical and administrative changes to regulations to maintain harmonization with another jurisdiction.footnote 6

In June 2018, the Memorandum of Understanding between the Treasury Board of Canada Secretariat and the United States Office of Information and Regulatory Affairs Regarding the Canada–United States Regulatory Cooperation Council was signed to move forward on energy efficiency and foster alignment of federal regulations where feasible and appropriate.

In December 2020, the Prime Minister announced Canada’s strengthened climate plan, which aims to make it easier for Canadians to improve the energy efficiency of the places where they live and gather.

In June 2021, Natural Resources Canada (NRCan) and the U.S. DOE signed the Memorandum of Understanding Between the Department of Natural Resources of Canada and the Department of Energy of the United States of America Concerning Cooperation on Energy, which acknowledges that both countries would collaborate on new and updated energy efficiency and testing standards.

In December 2021, the Prime Minister mandated the Minister of Natural Resources to develop and implement a national net-zero emission building strategy. Subsequently, Budget 2022 provided $150 million over five years to support the development of the Canada Green Buildings Strategy, with an aim to enhance building codes, promote the use of lower-carbon construction materials, and increase the climate resilience of buildings.

In March 2022, the 2030 Emissions Reduction Plan was issued, providing $9.1 billion in investments across Canada, including an additional $485.5 million investment into the Canada Greener Homes Loan program. These investments will support the reduction of emissions on a sector-by-sector basis, while simultaneously encouraging economic innovation, and introducing cost savings for Canadian businesses and households.

Regulated energy efficiency standards are one component of Canada’s program to reduce energy consumption and associated GHG emissions. NRCan also administers the ENERGY STAR® for products program, which sets voluntary specifications for products and identifies the top 15% to 30% of energy efficiency performers with an ENERGY STAR® symbol, making the choice of energy-efficient products simple for consumers.footnote 7 These two products-focused programs are part of a larger ecosystem of programs managed by NRCan designed to improve the energy efficiency in Canada’s homes, businesses, institutions, industries and transportation. When combined, energy efficiency standards and both mandatory and voluntary labelling programs drive product innovation through cycles of continuous improvement.footnote 8 Increasing the stringency of energy efficiency standards eliminates the least efficient products from the market. Increasing the levels that must be met for a product to be certified as ENERGY STAR® encourages manufacturers to produce affordable high-efficiency products that consumers would recognize as good choices to lower their energy costs.

Energy efficiency standards and labelling programs are among the most cost-effective GHG emissions reduction policies and are the cornerstone of energy efficiency and climate change programs in more than 80 countries.footnote 9 According to the International Energy Agency, improvements to the energy efficiency of products are some of the lowest-cost options available today for reducing energy consumption and associated emissions, with typical society benefit-cost ratios of 4:1, while providing net financial benefits to individuals and the community. Other benefits include employment, product innovation, water savings, improvements in air quality, and the reduction of public expenditures on health and infrastructure.footnote 10

Objective

The goals of the Amendment are to

Description

The Amendment focuses on a few key changes needed to maintain or increase alignment with the United States and to address known issues with Canadian requirements. Due to the Amendment’s implications on international trade, stakeholders were given a 70-day period to provide their comments on the proposal, from the day the Amendment was prepublished in the Canada Gazette, Part I. The Amendment will come into force six months after the date of publication in the Canada Gazette, Part II, except for the requirements for central air conditioners and central heat pumps which come into force upon publication in the Canada Gazette, Part II. The result of these changes will be that, as of the prescribed dates, it will be illegal to import into Canada or ship between provinces and territories, for the purpose of sale or lease, any of the regulated energy-using products unless they comply with the regulated requirements. A more detailed description of the Amendment is provided below.

(a) Updates energy efficiency and testing standards for split system central air conditioners and central heat pumps

Split system central air conditioners (Division 2, Subdivision F)

Split system central air conditioners are air conditioners with a cooling capacity of less than 19 kW (65 000 Btu/h) and where the condensing unit is typically placed outdoors while the evaporator is indoors. They may or may not use ducts to distribute cooled air to one or more rooms. These air conditioners are primarily used in the residential sector.

As of the coming into force date, for split system central air conditioners manufactured on or after January 1, 2023, the Amendment updates testing and energy efficiency standards, which adopts new metrics, to align with the new testing standards and more stringent energy efficiency standards of the United States set to become effective on January 1, 2023.

Split system central heat pumps (Division 3, Subdivision G)

Split system central heat pumps are heat pumps with a heating or cooling capacity of less than 19 kW (65 000 Btu/h) and where the condensing unit is typically placed outdoors while the evaporator is indoors. They may or may not use ducts to distribute heated or cooled air to one or more rooms. These heat pumps are primarily used in the residential sector.

As of the coming into force date, for split system central heat pumps manufactured on or after January 1, 2023, the Amendment updates testing and energy efficiency standards, which adopts new metrics, to generally align with the new testing standards and more stringent energy efficiency standards of the United States set to become effective on January 1, 2023. The Amendment makes the following adjustments to the U.S. requirements to ensure that heat pumps available in Canada will suit our colder climate: (i) require additional testing and information under cold climate conditions as of January 1, 2025;footnote 12 and (ii) require that energy performance information be provided for Climate Region V (instead of Climate Region IV as in the United States) as of January 1, 2023. From January 1, 2023, to December 31, 2024, the Amendment requires information as to whether the cold temperature test was conducted, whether the data from that cold temperature test was used in the calculation of the energy efficiency standard, and if it was conducted, what the Coefficient of Performance (COP) and Heating Capacity are at the cold-climate test point. In addition, the Amendment inserts the word “central” to the title of “Split system heat pumps.”

(b) Updates energy efficiency and testing standards for single package central air conditioners and central heat pumps
Single package central air conditioners (Division 2, Subdivision D)

Single package central air conditioners are air conditioners with a cooling capacity of less than 19 kW (65 000 Btu/h) and where the evaporator coil and the condensing unit are combined into a single physical unit. They use ducts to distribute cooled air to one or more rooms. These air conditioners are primarily used in the residential sector.

As of the coming into force date, for single package central air conditioners manufactured on or after January 1, 2023, the Amendment updates testing standards and adopts new metrics for energy efficiency standards to align with the new testing standards and energy efficiency standards of the United States set to become effective on January 1, 2023.

Single package central heat pumps (Division 3, Subdivision E)

Single package central heat pumps are heat pumps with a heating or cooling capacity of less than 19 kW (65 000 Btu/h) and where the evaporator coil and the condensing unit are combined into a single physical unit. They use ducts to distribute heated or cooled air to one or more rooms. These heat pumps are primarily used in the residential sector.

As of the coming into force date, for single package central heat pumps manufactured on or after January 1, 2023, the Amendment updates testing standards, and adopts new metrics for energy efficiency standards to generally align with the new testing standards and energy efficiency standards of the United States set to become effective on January 1, 2023. The Amendment makes the following adjustments to the U.S. requirements to ensure that heat pumps available in Canada will suit our colder climate: (i) require additional testing and information under cold climate conditions as of January 1, 2025; and (ii) require that energy performance information be provided for Climate Region V (instead of Climate Region IV as in the United States)footnote 12 as of January 1, 2023. From January 1, 2023, to December 31, 2024, the Amendment requires information as to whether the cold temperature test was conducted, whether the data from that cold temperature test was used in the calculation of the energy efficiency standard, and if it was conducted, what the Coefficient of Performance (COP) and Heating Capacity are at the cold-climate test point. In addition, the Amendment inserts the word “central” to the title of “Single package heat pumps.”

(c) Makes minor changes to the scope, prescribed information, energy efficiency standards or testing standards for other currently regulated products

Electric water heaters (Division 6, Subdivision A)

Electric water heaters are typically used in household and commercial settings to heat water using electricity as the source of energy.

As of the coming into force date, in order to align with the current U.S. requirements, the Amendment adjusts the input rate boundary between household and commercial electric water heaters. In addition, the Amendment updates the scope of products subject to energy efficiency standards and subject to prescribed information for commercial electric water heaters with a nominal volume (Vr) greater than 530 L (140 US gallons) manufactured on or after January 1, 2020, by removing these products from having to comply with performance requirements and exempting these products from providing standby loss information.

Gas-fired storage water heaters (Division 6, Subdivision B)

Gas-fired storage water heaters are typically used in household and commercial settings to heat water using propane or natural gas as the fuel source.

As of the coming into force date, in order to align with the current U.S. requirements, the Amendment updates the energy efficiency standard and the prescribed information for commercial gas-fired storage water heaters with a Vr greater than 530 L (140 US gallons) manufactured on or after July 1, 2023; updates the testing standards for commercial gas-fired storage water heaters; and updates the energy efficiency standard for the standby loss limits of commercial gas-fired storage water heaters.

Oil-fired water heaters (Division 6, Subdivision C)

Oil-fired water heaters are typically used in household and commercial settings using oil as a fuel source.

As of the coming into force date, in order to align with the current U.S. requirements, the Amendment modifies the volume ranges for household oil-fired water heaters to include heaters with a first-hour rating equal to 284 L (75 US gallons); provides specific performance and prescribed information for commercial oil-fired water heaters with a Vr greater than 530 L (140 US gallons) that are manufactured on or after January 1, 2020; updates the energy efficiency standard for the standby loss limits of commercial oil-fired water heaters; corrects the testing standard for prescribed information for commercial oil-fired storage water heaters that have an input rate of > 30.5 kW (105,000 Btu/h) but ≤ 40.99 kW (140,000 Btu/h), a Vr of ≤ 454 L (120 US gallons), use single-phase power, limit water temperatures to < 82°C (180°F) and are manufactured on or after January 1, 2020; and modifies the testing standards for some commercial oil-fired water heaters. In addition, the Amendment removes the word “storage” in the term “commercial oil-fired storage water heater” to ensure consistency of terminology throughout the Regulations.

Lamps and lamp ballasts (Division 7, Interpretation and Labelling)

As of the coming into force date, the Amendment makes a minor change to the French version of the modified spectrum lamp definition as well as corrects the French language text for package labelling in order to reflect the industry standard terminology, reflect the language in the English version of the Regulations, and improve technical accuracy.

Fluorescent lamp ballasts (Division 7, Subdivision F)

Fluorescent lamp ballasts start and maintain the flow of electricity to tube lights that are commonly used for overhead lighting in offices and commercial spaces.

As of the coming into force date, in order to align with the current U.S. requirements, the Amendment adds the U.S. Code of Federal Regulations testing standards, as amended from time to time, as an alternative testing option.

Ceiling fan light kits (Division 8, Subdivision C)

Ceiling fan light kits are designed to provide light from a ceiling fan and is

As of the coming into force date, the Amendment adds prescribed information of light output, in lumens, for ceiling fan light kits with integrated solid-state lighting circuitry, in order to allow compliance verification.

Walk-in freezer and walk-in cooler components (Division 10, Subdivision D)

Walk-in coolers and walk-in freezers are enclosed storage spaces with an area of less than 278.71 m2 that are typically used to temporarily store refrigerated or frozen food or other perishable goods. These walk-in coolers and walk-in freezers are primarily used in the food service and food sales industry.

As of the coming into force date, the Amendment adds missing definitions and updates the definitions for “walk-in cooler,” “walk-in freezer,” “walk-in door assembly,” “walk-in panel” and “walk-in refrigeration system” to not include products designed and marketed exclusively for medical, scientific, or research purposes in order to align with the United States. In addition, the Amendment adds RSI/R-value (the measurements used to denote thermal resistance) units and equations, clarifies voltage operational limits for certain walk-in units to reflect the Canadian market in order to provide information to Canadians in equivalent metric system values, and ensures Canadian-specific products are covered by the Regulations.

Electric motors (Division 12, Subdivision A)

Electric motors are typically used in commercial and industrial applications to convert electrical power into mechanical power for equipment such as compressors, pumps, machinery, and material/air-handling equipment. They operate on three-phase power, with output power ranging from 0.75 kW (1 horsepower) up to 375 kW (500 horsepower).

As of the coming into force date, the Amendment updates some energy efficiency standards tables to always point to the latest NEMA MG-1 version of Table 12-12, and provides more testing options to align with the recent changes by the United States, which became effective on July 6, 2021.

Small electric motors (Division 12, Subdivision B)

Small electric motors are typically used in residential, commercial, and industrial applications to convert electrical power into mechanical power for equipment such as compressors and pumps. They operate on single or polyphase power, with output power ranging from 0.18 kW (0.25 horsepower) up to 2.2 kW (3 horsepower).

As of the coming into force date, the Amendment provides more testing options in order to align with the recent changes by the United States which became effective on July 6, 2021.

(d) Specifies 60 energy-using products to ensure the Minister can exercise the ministerial regulations authority to maintain harmonization of regulatory requirements with another jurisdiction

The Amendment specifies 60 energy-using products for which requirements could be amended by ministerial regulations authority in future regulatory processes. These ministerial regulations are limited in use for the purposes of maintaining the harmonization of requirements for energy efficiency standards and testing standards in the Regulations, and information that must be provided by dealers under section 5 of the Energy Efficiency Act, with requirements of another jurisdiction (usually the United States). This authority in section 20.1 of the Energy Efficiency Act will only apply to the following products, for which the alignment with the energy efficiency standard, testing standard or information already exists:

Regulatory development

Consultation

Pre-consultation summary

Stakeholders were informed of the changes being considered in the Amendment and were provided opportunities to comment at several points since 2020. This proposal evolved based on consultations, and the content of the Amendment was modified based on stakeholder input. Information related to publications and the product-specific webinar were distributed to over 6 000 stakeholders via targeted emails. Two meetings were held with the main manufacturing associations impacted by the Amendment, the Air-Conditioning, Heating, and Refrigeration Institute (AHRI) and the Heating, Refrigeration and Air Conditioning Institute of Canada (HRAI), to further inform them about the content of the Amendment and discuss their concerns.

The key activities used to communicate details to, and gather comments from the stakeholder community are outlined below in chronological order:

NRCan also communicates its regulatory activity on an ongoing basis. This provides additional opportunities to inform and gather feedback from stakeholders via:

Canada Gazette, Part I, consultation

The Amendment was prepublished in the Canada Gazette, Part I, on April 2, 2022, followed by a 70-day comment period. NRCan received comments from 14 unique organizations: three from industry associations, six from manufacturers, four from distributors and one from a public sector organization. The submissions were generally supportive of the continued efforts to align with U.S. regulations, with some expressing concerns on specific product requirements including potential implications for timelines and asking for the elimination of misaligned requirements.

Submitter approved-for-publication comments can be found on the Canada Gazette’s website.

The following summarizes the major comments and topics of clarification raised by stakeholders during the comment period and NRCan’s views on each. No substantive comments were received for products included in the Amendment that are not mentioned below.

Heat pumps and air conditioners

Issue: Cold Temperature Testing

Issue: Timing for the Application of Requirements

Electric water heaters

Issue: Testing Standard Clarity

Gas-fired storage water heaters

Issue: Misalignment of volume metrics used in the uniform energy factor equation

Issue: Testing Standard Clarity

Issue: Consistency Across Model Classification

Oil-fired water heaters

Issue: Testing Standard Clarity

Ministerial Authority

Modern treaty obligations and Indigenous engagement and consultation

The Amendment does not trigger the Crown’s duty to consult, as it has no adverse impact on Aboriginal and treaty rights. An assessment of modern treaty implications found no modern treaty implications given that this proposal does not have an impact on indigenous land and resource management rights described in a modern treaty, does not include employment of federal officials or procurement activities in a geographic area subject to a modern treaty, and does not include any funding or resources.

Instrument choice

Maintaining the baseline scenario (no action)

Given Canada’s commitment to reach net zero by 2050 and the fact that in 2018, Canada’s building sector accounted for approximately 18% of national emissions, maintaining the status quo would not contribute to incremental reductions towards the achievement of this goal. Maintaining the status quo would also lead to missed opportunities to reduce energy consumption, leaving households with higher energy costs for cooling and heating their homes. The status quo option would not deliver on the federal government’s commitment to foster alignment of federal regulations where feasible and appropriate.

Developing voluntary mechanisms for central air conditioners and central heat pumps

Under this approach, the Regulations would be repealed for the products subject to the Amendment, and voluntary mechanisms would be developed to ensure that manufacturers adopt the U.S. energy efficiency and testing standards for these products. This option may reduce costs for the industry since there would be no mandatory requirements for these products. However, such voluntary mechanisms would still require accounting for differences between the Canadian and U.S. climate conditions to ensure that products available in Canada provide Canadians with energy savings despite Canada’s cold climate. Furthermore, there would need to be some data submission and monitoring to ensure that expected results are achieved. Voluntary mechanisms would not be in place quickly enough to prevent unnecessary differences between Canada and the United States on energy efficiency and testing standards for central air conditioners and central heat pumps.

In addition, voluntary mechanisms may not address energy consumption to the extent that a regulatory approach would, as it would be impossible to impose compliance with voluntary standards given the high numbers of stakeholders. This would be a significant departure from Canada’s approach to advancing energy efficiency and from the intent of the Energy Efficiency Act.

Regulatory actions (the Amendment)

Taking regulatory actions will lead to greater reductions in energy use, leading to greater GHG emission reductions compared with either the status quo or voluntary mechanisms. The Amendment will prevent various unnecessary regulatory differences, in particular, the testing and energy efficiency standards for central air conditioners and central heat pumps between Canada and the United States, and thereby avoid unnecessary burden on industry. The Amendment will also facilitate future regulatory actions to maintain alignment for products where there is already a policy to align with the United States.

Regulatory analysis

Benefits and costs

Summary

The present value of net benefits of the Amendment is estimated to be more than $1.66 billion by 2050, with total benefits exceeding total costs by a ratio of more than 5:1. By 2050, the present value of benefits and costs from the Amendment is estimated to be about $2.04 billion and $382.02 million, respectively. A summary description of the benefits and costs associated with the Amendment are presented in Table 1.

The results of the benefits and costs analysis are different from those published in the Canada Gazette, Part I. These differences reflect the policy changes made to the coming into force date of central heat pumps and central air conditioners and the adjustment of mandatory cold climate testing requirements for central heat pumps from January 2023 to January 2025. In addition, the marginal emission factor for electricity was updated.

Table 1: Summary of benefits and costs associated with the Amendment
Costs (as applicable) Monetized benefits Quantified benefits Unquantified non-energy benefits
Technology costs Energy (electricity) savings Energy savings (petajoule) Outside air quality, competitiveness, job growth, home comfort, indoor air quality, minimizing depressurization in new construction, etc.
Installation and maintenance costs Avoided damages because of GHG reductions GHG emission reductions (MtCO2e)
Government administration Avoided compliance cost associated with prevention of unnecessary regulatory differences (central air conditioners and central heat pumps) N/A
Compliance costs associated with new testing requirements N/A  N/A Avoided trade and compliance issues (make minor changes to the scope, prescribed information or provide alternative testing standards for some currently regulated products)
Administrative burden table b16 note a N/A N/A N/A

Table b16 note(s)

Table b16 note a

Cost captured by Treasury Board of Canada Secretariat’s administrative burden calculator.

Return to table b16 note a referrer

Reduced energy consumption, lower GHG emissions, and fewer unnecessary regulatory differences will result in significant net benefits over the lifetime of affected product models when comparing the regulatory scenario (the Amendment) with the baseline scenario. The benefits vary by individual user depending on end-use sector, geographical location and operational practices.

Annual reductions in energy consumption associated with the Amendment are estimated to be 0.84 petajoules in 2030, and to reach 2.12 petajoules in 2050, as the sale of more efficient products steadily replaces the pre-Amendment stock.

Annual reductions in GHG emissions (megatonnes of carbon dioxide equivalent [MtCO2e]) resulting from these reductions in energy consumption are estimated to be 0.07 MtCO2e in 2030, and to reach 0.18 MtCO2e in 2050. It is estimated that, by applying a social cost of carbon (SCC) dioxide equivalent (CO2e) to these reductions, the cumulative present value of economic benefits associated with GHG emission reductions will be about $194.48 million by 2050.footnote 14

Canadian consumers will also realize economic co-benefits in the form of reduced energy costs due to the implementation of the Amendment. It is estimated that almost $1.49 billion in cumulative present value energy savings will be realized by 2050.

The cumulative present value of incremental technology costs associated with the Amendment is estimated to be almost $370.60 million by 2050. Interested parties seeking more details on this analysis can request a copy of the Cost-Benefit Analysis report by contacting the individual named at the end of this document.

Consultations — cost-benefit analysis

Stakeholders were engaged on various occasions and in various ways on the development of the cost-benefit analysis. For instance, in April 2021, a market study for central air conditioners and central heat pumps was completed by a third-party consultant who worked with manufacturers and industry associations. The study provided the primary data used to conduct the cost-benefit analysis for products where updates to testing and/or energy efficiency standards were considered. Later in May 2021, a product-specific webinar was held on central air conditioners and central heat pumps with affected stakeholders, which, among other things, provided information and links to the cost-benefit methodology and sought input on that methodology and potential impacts on stakeholders.

Methodology, assumptions, and data

NRCan analyzed the economic gains to be made through the new and more stringent energy efficiency standards and the impact on Canadian society within a cost-benefit analysis framework. The costs and benefits associated with the Amendment were obtained by comparing the following scenarios:

For the purpose of this analysis, in the baseline scenario where Canadian energy efficiency standards are aligned with those of the United States, it was assumed that incremental costs and benefits in Canada were fully the result of the previous amendments to the Regulations, with no spillover effects from the other jurisdictions such as the United States, to provide an assessment of the full economic impacts of regulatory changes affecting Canadians.

The regulatory scenario is defined as the application of more stringent energy efficiency standards across two products (split system central air conditioners and central heat pumps) relative to markets defined by a market study completed in April 2021. Other products subject to the Amendment are only included in the cost-benefit analysis if they are linked to incremental compliance and administrative cost-benefit calculations. No other benefits or costs have been modelled for these last products given that there are no added technology, installation or maintenance costs associated with these.

Benchmarks

For all products with updated energy efficiency standards, benchmarks were chosen to represent the product models that just meet and that do not meet the more stringent energy efficiency standards. Within the non-compliant benchmarks, two efficiency levels were considered and weighted based on their relative market share: (1) the least efficient level; and (2) the average efficient level. Where relevant, regional sensitivities were evaluated (e.g. a heat pump will save more energy per year in a colder location).

Methodology to estimate costs

The “incremental” technology, installation and maintenance costs associated with the Amendment were determined as the difference between the cost of the inefficient product model, represented by the selected benchmark, and the cost of a modified version of that product model that would meet the updated energy efficiency standards. For each product, the potential technology cost of modifying the inefficient benchmark product model so that it meets the more stringent energy efficiency standards was estimated (e.g. the cost of adding extra insulation to a water heater or the cost of replacing an inefficient compressor in an air conditioner). These costs were then multiplied by the number of shipments of the product models in the baseline scenario that were estimated to have an energy performance that is worse than what is required by the energy efficiency standards. Results were combined across all affected products to estimate the total incremental technology costs.

Additional incremental costs related to installation and maintenance over the lifetime of the product were also evaluated, if applicable. These costs were found not to vary by efficiency for the products affected by the Amendment.

Other costs reported as being attributable to the Amendment include, as appropriate, administrative and compliance costs to businesses, as well as those incurred by the Government to implement the changes. Compliance costs arise when new testing is required for manufacturers. However, compliance costs for products that are already being tested to enter the U.S. market or are under voluntary programs would be incurred in both the baseline and policy scenarios, so are not considered incremental in the analysis.footnote 15 Compliance costs include all actions required to meet compliance requirements (e.g. familiarization with new procedures, set-up, labour, supplies) and were calculated by multiplying the cost related to testing a typical model with the number of models that are expected to be tested on (i) the year the Regulations come into force; and (ii) the subsequent years models are introduced or improved, as relevant. The administrative burden is calculated using the Treasury Board of Canada Secretariat’s Regulatory Cost Calculator. Administrative costs are discussed later in the “One-for-one rule” section.

Methodology to estimate benefits

Energy savings for each product with updated energy efficiency standards were estimated by calculating the energy used by the selected benchmark product model by simulating how it would be normally used in a year (e.g. number of operating hours). The result is compared to the energy used by the modified version of that product model that would meet the updated energy efficiency standards. The difference was multiplied by the number of shipments of the product models in the baseline scenario that were estimated to have an energy performance that is worse than what is required by the updated energy efficiency standards based on the number of years the product is expected to last, in order to arrive at the total energy savings. Results were summed across all affected products to estimate the total energy saved. Energy savings were monetized using the cost of energy per unit of energy saved (i.e. dollars per kilowatt-hour).

The reductions in GHG emissions were calculated by applying fuel-specific emissions factors, consistent with those published by Environment and Climate Change Canada, to the resulting energy savings. To remain consistent with the U.S. methodology and produce more realistic GHG savings, the reductions attributable to diminished electricity consumption reported throughout this document were calculated by applying the emission factors associated with the marginal fuels used to generate the electricity that will be saved through implementation of the Amendment.footnote 16 To allow comparison with outcomes reported under the Pan-Canadian Framework on Clean Growth and Climate Change, the reductions in GHG emissions were also calculated by applying an average emission factor. Annual reductions in GHG emissions with the average emission factor are estimated to be about 1.2 MtCO2e by 2050 (versus 3.9 MtCO2e with the marginal emission factor).

GHG emissions were monetized and incorporated into the analysis using an SCC. The SCC represents an estimate of the economic value of avoided climate change damages at the global level — for current and future generations — as a result of reducing GHG emissions.

Modifications to the Regulations sometimes generate compliance cost savings in situations where an amendment allows companies to eliminate or avoid the need to test their products differently in order to sell in every North American market. These were estimated by multiplying the cost savings of testing a typical model with the number of models that are expected to be tested on (i) the year the Regulations come into force; and (ii) the subsequent years models are introduced or improved, as relevant.

Assumptions

The key assumptions used in the main analysis are the following:

Data collection and sources

Data was collected on a product-by-product basis, through a market study. The study provided key inputs to the analysis, such as the market size, the portion of the market that meets or does not meet the new or more stringent energy efficiency standards, the benchmarks that best represent the market, energy savings from the baseline scenario to the regulatory scenario, costs of moving from the baseline scenario to the regulatory scenario, product lifetime, and installation and maintenance costs. The market study also provided data to estimate compliance costs.

Cost-benefit statements

The methodology described above was applied to all products to develop an estimate of the benefits and costs attributable to the Amendment. The results vary by-product depending on the magnitude of the increase in stringency of the energy efficiency standards and the estimated portion of the market that will be impacted by the Amendment. The estimated benefits and costs for all products shipped by 2050 are presented in Table 2. These results were then aggregated to present the overall impacts of the Amendment in tables 3 to 6.

Table 2: Benefits and costs per product in millions of dollars (note: estimates have been rounded)
Product division Product subdivision Product costs table b17 note a table b17 note b Product benefits table b17 note a table b17 note c Product net benefits table b17 note a
Division 2 — Air Conditioners, Condensing Units and Chillers Subdivision D — Single Package Central Air Conditioner $0.00 $24.66 $24.66
Subdivision F — Split System Central Air Conditioners $307.70 $1,090.54 $782.84
Division 3 — Heat Pumps Subdivision E — Single Package Central Heat Pumps $0.72 $9.93 $9.21
Subdivision G — Split System Central Heat Pumps $73.52 $915.85 $842.33
Total of all products N/A $381.94 $2,040.98 $1,659.04

Table b17 note(s)

Table b17 note a

Totals are presented in cumulative present value.

Return to table b17 note a referrer

Table b17 note b

Product costs include incremental costs for technology, installation, maintenance and compliance, as applicable. The Amendment will add compliance costs for manufacturers through the new testing requirement for cold climate heat pumps.

Return to table b17 note b referrer

Table b17 note c

Product benefits include energy savings, GHG emission reductions and compliance cost savings due to avoided costs associated with preventing unnecessary regulatory differences, as applicable. The Amendment will generate compliance cost savings (benefits) for companies, as the alignment of Canadian testing standards with U.S. testing standards will remove the need for companies to retest their products separately for each country. More details can be found in the cost-benefit analysis report.

Return to table b17 note c referrer

Table 3: Monetized costs in millions of dollars (note: estimates have been rounded)
Impacted stakeholder Description of cost Annual total in 2023 table b18 note c Annual total in 2030 table b18 note c Annual total in 2040 table b18 note c Annual total in 2050 table b18 note c Cumulative total by 2050 table b18 note d Average annualized total over the 2023–2050 period table b18 note e
Consumers Technology, installation and maintenance costs table b18 note a $18.41 $20.06 $20.06 $20.06 $370.60 $19.75
Industry Administrative burden table b18 note b $0.07 $0 $0 $0 $0.07 $0.004
Industry Compliance costs $0 $0.55 $0.55 $0.55 $11.35 $0.60
Government Government costs $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
All stakeholders Total costs $18.48 $20.61 $20.61 $20.61 $382.02 $20.35

Table b18 note(s)

Table b18 note a

Incremental technology, installation and maintenance costs are assumed to be passed on to consumers as higher prices.

Return to table b18 note a referrer

Table b18 note b

The administrative burden reported in table 3 was estimated applying a 3% discount rate, from 2023 to 2050, to determine the value in 2020 dollars discounted to 2022. This method was used to be consistent with the calculation of other costs and benefits presented in tables 2 to 5. Administrative burden estimates produced for the one-for-one rule, discussed below in this RIAS, were calculated using the Treasury Board of Canada Secretariat’s Regulatory Cost Calculator. This tool used a 7% discount rate, over 10 years (2023–2032), to determine the value in 2012 dollars, resulting in an estimated annualized increase in total administrative burden to all businesses subject to the Amendment of approximately $8,978 (or $4,266 when discounted to 2012).

Return to table b18 note b referrer

Table b18 note c

Annual totals for 2023 through 2050 are presented in present value in the respective year.

Return to table b18 note c referrer

Table b18 note d

Cumulative totals by 2050 are presented in 2022 present value.

Return to table b18 note d referrer

Table b18 note e

Average annualized over the period are presented in terms of annualized values as indicated in the Treasury Board of Canada Canada’s Cost-Benefit Analysis Guide for Regulatory Proposals.

Return to table b18 note e referrer

Table 4: Monetized benefits in millions of dollars (note: estimates have been rounded)
Impacted stakeholder Description of benefit Annual total in 2023 table b19 note a Annual total in 2030 table b19 note a Annual total in 2040 table b19 note a Annual total in 2050 table b19 note a Cumulative total by 2050 table b19 note b Average annualized total over the period 2023–2050 table b19 note c
Consumers Pre-tax fuel (electricity) savings $58.31 $75.40 $88.95 $96.23 $1,491.93 $79.51
Canadians Avoided GHG damages $8.03 $10.05 $11.36 $11.89 $194.48 $10.36
Industry Avoided costs associated with preventing unnecessary regulatory differences $18.90 $18.90 $18.90 $18.90 $354.57 $18.90
All stakeholders Total benefits $85.24 $104.35 $119.21 $127.02 $2,040.98 $108.77

Table b19 note(s)

Table b19 note a

Annual totals for 2023 through 2050 are presented in present value in the respective year.

Return to table b19 note a referrer

Table b19 note b

Cumulative totals by 2050 are presented in 2022 present value.

Return to table b19 note b referrer

Table b19 note c

Average annualized over the period are presented in terms of annualized values as indicated in the Treasury Board of Canada Canada’s Cost-Benefit Analysis Guide for Regulatory Proposals.

Return to table b19 note c referrer

Table 5: Summary of monetized costs and benefits in millions of dollars (note: estimates have been rounded)
Impact Annual total in 2023 table b20 note a Annual total in 2030 table b20 note a Annual total in 2040 table b20 note a Annual total in 2050 table b20 note a Cumulative total by 2050 table b20 note b Average
annualized total over the 2023–2050 period table b20 note c
Total costs $18.48 $20.61 $20.61 $20.61 $382.02 $20.35
Total benefits $85.24 $104.35 $119.21 $127.02 $2,040.98 $108.77
Net impact $66.76 $83.74 $98.60 $106.41 $1,658.96 $88.42

Table b20 note(s)

Table b20 note a

Annual totals for 2023 through 2050 are presented in present value in the respective year.

Return to table b20 note a referrer

Table b20 note b

Cumulative totals by 2050 are presented in 2022 present value.

Return to table b20 note b referrer

Table b20 note c

Average annualized over the period are presented in terms of annualized values as indicated in the Treasury Board of Canada Canada’s Cost-Benefit Analysis Guide for Regulatory Proposals.

Return to table b20 note c referrer

Table 6: Quantified non-$ impacts (note: estimates have been rounded)
Impacted stakeholder Description of impact Annual total in 2023 Annual total in 2030 Annual total in 2040 Annual total in 2050 Cumulative total by 2050 Average annualized total over the
2023–2050 period
Canadians Energy savings (petajoules) 0.10 0.84 1.79 2.12 37.8 1.35
GHG emission reductions (megatonnes of carbon dioxide equivalent) 0.01 0.07 0.15 0.18 3.2 0.11
Additional benefits and costs

The amendments remove regulatory differences between Canada and the United States and the analysis quantifies the resulting costs reduction associated with the industry not having to test the same product model twice to satisfy different requirements. However, these only represent a small portion of the positive impacts associated with the regulatory alignment according to the Organisation for Economic Co-operation and Development.footnote 21

Costs and benefits associated with the changes to other currently regulated products had been quantified in previous amendments to the Regulations. The minor changes to some regulated products to correct known errors with the Regulations or enhance alignment with the United States will result in unquantified avoided trade barriers or compliance issues.

For businesses and institutions using affected energy-using products in their operations, an improvement in energy performance translates into energy and operating cost savings and improved environmental performance, which can lead to increased productivity and competitiveness, and, when such companies spend these energy savings on expanding their businesses or factories, they create greater demand.footnote 22 Reduced electricity consumption from regulated products also benefits the utilities by reducing peak loads and the need to add more generating, transmission and distribution capacity.footnote 23

Because of the lack of data or the complexity involved, the analysis has not quantified widely accepted benefits such as reduced air pollution and non-energy benefits related to energy efficiency, such as increased occupant comfort, better indoor air quality and minimizing risks of depressurization in new constructions with better envelopes.

Access to ministerial regulations will give NRCan the means to update the Regulations in a more time-efficient manner when it is desired to maintain alignment of energy efficiency standards and testing standards with another jurisdiction. It could reduce the time to implement an amendment at both prepublication and publication stages. This benefits trade and business by reducing the period of time during which Canada’s regulations are misaligned with another jurisdiction, notably the United States, and will allow more efficient use of government resources.

Another benefit of the Amendment is related to the verified energy efficiency performance information of energy-using products that is collected by NRCan through its compliance program. Energy performance data for new energy-using products will be posted to the NRCan websitefootnote 24 and will be accessible to households or businesses to help them make informed purchase decisions. Utilities and retailers also benefit from this information since it supports programming to promote the sale of high-efficiency products. The collection and analysis of energy performance data also supports future policy development and evidence-based decision-making.

Sensitivity analysis

Given that several inputs into the analysis are subject to a certain degree of uncertainly, in addition to the baseline scenario, sensitivity analyses are performed on the following variables:

Overall, the various sensitivity scenarios support estimates of positive net benefits for all products, with total cumulative net benefits by 2050 in the range of $738 million (7% discount rate) to $2.67 billion (high energy prices), in comparison to $1.66 billion of net benefits under the reference case, as shown in Table 7 below. The detailed results per product from all these scenarios can be found in the Cost-Benefit Analysis report.

Table 7: Summary of sensitivity analysis of benefits and costs per product in millions of dollars (note: estimates have been rounded)
Variable Sensitivity case Costs table b22 note a table b22 note b Benefits table b22 note a table b22 note c Net benefits table b22 note a
Reference case (from Table 5) N/A $382 $2,041 $1,659
Emission factor Average factor $382 $1,922 $1,540
Discount rate 7% $246 $983 $738
Social cost of carbon Extreme $382 $2,685 $2,303
None $382 $1,847 $1,465
Energy price High $382 $3,056 $2,674
Low $382 $1,567 $1,185
Incremental costs Low $345 $2,041 $1,696

Table b22 note(s)

Table b22 note a

Totals are presented in cumulative present value.

Return to table b22 note a referrer

Table b22 note b

Costs include incremental costs for technology, installation, maintenance, compliance, administrative and government costs, as applicable. The Amendment will add additional compliance costs for manufacturers through the new testing requirement for cold climate heat pumps.

Return to table b22 note b referrer

Table b22 note c

Benefits include energy savings, GHG emission reductions and cost savings due to avoided costs associated with preventing unnecessary regulatory differences. The Amendment will also generate compliance cost savings (benefits) for companies, as the alignment of Canadian testing standards with U.S. testing standards will remove the need for companies to retest their products separately for each country. More details can be found in the Cost-Benefit Analysis report.

Return to table b22 note c referrer

Small business lens

Statistics Canada and Canada Border Services Agency data obtained from the Treasury Board Secretariat’s Regulatory Cost Calculator indicates that 1 094 small businesses may be impacted by the Amendment. Based on this number, the Amendment will increase the administrative burden for small businesses by $5,562 annualized average administrative costs, or $5 per business. These numbers were calculated by the Treasury Board Secretariat’s Regulatory Cost Calculator, where numbers are presented in present values discounted to 2022, using a 7% discount rate, over 10 years, in 2020 dollars. The estimated impacts on small businesses are presented in Table 8.

Air conditioners and heat pumps are mostly manufactured outside of Canada by multinational companies. Only a few Canadian manufacturers have been identified by the market study used for this Amendment to be producing air conditioners and heat pumps, but they are not small businesses or are not subject to federal regulations as they do not import their products into Canada or ship them from one province to another for the purpose of sale or lease. There are many small businesses that import energy-using products in the country, but the majority of the businesses that import some of the products included in the Amendment are not expected to be significantly impacted financially, given that it will still be possible for them to import air conditioners and heat pumps that meet or exceed the energy efficiency standards and Canadians will still look for them when needing to replace their products. This Amendment will ensure that more efficient products are imported and sold to Canadians and no flexibility for small businesses is proposed.

Small business lens summary
Table 8: Total administrative and compliance costs
Totals Annualized value Present value
Administrative costs $5,562 $39,067
Compliance costs $0 $0
Total cost (all impacted small business) $5,562 $39,067
Cost per impacted small business $5 $36

Small businesses and other businesses that are expected to assume incremental costs have been engaged in the pre-consultation and through targeted emails to manufacturers, importers and industry associations, among others. No compliance issues associated with small businesses were raised about the Amendment during this engagement.

One-for-one rule

The Regulations require the submission of energy efficiency reports and import reports, when applicable. Since no new regulated products are added in the Amendment, no new reports will be required. Nevertheless, minor changes to energy efficiency reports will be required for some products already regulated, to reflect changes made in the Amendment. For instance, new data elements will be added to adjust for the additional testing under cold climate conditions for central heat pumps, and for the additional information to be provided for ceiling fan light kits.

The Amendment is considered an “IN” under the one-for-one rule. It will increase the administrative burden by approximately $4,266 in annualized average administrative costs to industry, or $2.59 per business. The numbers were calculated by the Treasury Board Secretariat’s Regulatory Cost Calculator, where the numbers are presented in present values discounted to 2012, using a 7% discount rate, over 10 years, in 2012 dollars. See Table 3, note b for more detail.

Dealers of the prescribed products will be required to learn about the requirements of the Regulations and submit information before shipping or importing energy-using products in accordance with subsection 5(1) of the Energy Efficiency Act. No comments were received from stakeholders on the impacts of the Amendment on administrative burden. In general, stakeholders were generally supportive of the approach to achieve alignment with U.S. regulations for the products covered in the Amendment.

Familiarization with the Amendment

Familiarization with new prescribed information is a one-time administrative function that applies to manufacturers of regulated products. The task involves reviewing and understanding the new requirements of the Amendment, as well as the associated reports. This one-time event is estimated to take two hours to be realized by someone in specialized middle management with a wage rate of approximately $54 (2012$) per hour. The number of stakeholders impacted is estimated at 577, which represents the total number of companies with classification from the Harmonized Commodity Description and Coding System manufacturing products identified under the following three North American Industry Classification System (NAICS) codes:footnote 25

The use of these codes likely overestimates the total number of companies that will be directly impacted by the Amendment. NRCan does not have access to more detailed information that would allow for a more precise stakeholder estimate and has decided, for the purpose of this calculation, to apply estimates of incremental burden to all 577 stakeholders.

Submitting energy efficiency reports

The Amendment will introduce an administrative burden associated with the reporting of energy performance information before an energy-using product is imported or shipped across provinces and territories. The added burden applies to products that have reporting elements that differ from reporting requirements already in place in other jurisdictions.

The data used to calculate incremental administrative burden costs was obtained from a variety of sources, such as internal compliance databases, numerous product market studies, Statistics Canada, the Canada Border Services Agency, and the U.S. DOE.

To estimate the time required to input the energy performance data, NRCan relied on a U.S. DOE assessmentfootnote 26 of the time it takes to populate a similar report in a similar context - information is readily available and must simply be entered into the proper place in the report. The U.S. DOE estimated that it took approximately 22 seconds per data element to populate this report. To account for minor differences between the complexities of the data elements in Canada’s reports and those that were the subject of the U.S. DOE analysis, NRCan estimates that it will take 36 seconds per data element. These activities will be undertaken by administrative support with a wage rate of approximately $30 (2012$) per hour.

The Amendment is expected to impact the prescribed information for manufacturers of heat pumps and ceiling fan light kits. Analysis of the data indicates 307 manufacturers of split system and single package heat pumps (NAICS 333416) may be impacted, which will require inputting two new data fields into the energy efficiency reports.

Fewer manufacturers of ceiling fan light kits are expected to be impacted. The new prescribed information only applies to a subset of the product (with solid-state lighting), which is estimated at 10% of market share. This estimate, when applied to manufacturers listed under NAICS 335120, indicates that 17 manufacturers will be impacted. These manufacturers will be required to input one new data field into the energy efficiency reports.

Regulatory cooperation and alignment

The amendments to the Regulations were developed in line with previous regulatory cooperation efforts made to address or avoid unnecessary regulatory differences within Canada and within North America, and as per current international agreements:

More specifically, regulatory cooperation and alignment in Canada and in North America associated with the Amendment are described in Table 9.

Table 9: Regulatory cooperation and alignment in Canada and North America associated with the Amendment
  Regulatory cooperation and alignment in Canada Regulatory cooperation and alignment in North America
Heat pumps and air conditioners Provinces regulating these products often incorporate by reference Canadian federal and U.S. requirements. Maintaining alignment between Canada and the United States also helps the alignment within Canada. The Amendment maintains alignment with the U.S. testing and energy efficiency standards for products manufactured on or after January 1, 2023. The Amendment introduces some regulatory differences given that NRCan requires mandatory cold-temperature testing and information as of January 1, 2025.
Minor updates Provinces regulating these products often incorporate by reference Canadian federal and U.S. requirements. Maintaining alignment between Canada and the United States also helps alignment within Canada. The Amendment makes minor updates to scope, prescribed information or compliance requirements for some currently regulated products to address known issues and to prevent/reduce misalignment with the United States.
Ministerial regulations The Amendment will allow Canada to move faster to maintain alignment with the United States and help provinces that have incorporated NRCan standards by reference maintain alignment with the United States. The Amendment will ensure the Minister can exercise the Ministerial regulations authority in future regulatory processes to maintain alignment of energy efficiency standards and/or testing standards and/or information that must be provided by dealers, with requirements in the United States for some products where the alignment already exist.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus (GBA+)

The Regulations benefit Canadians by helping to eliminate low energy efficiency products from the market. The Amendment will save money for Canadians who will purchase more energy efficient products, and, as a result of energy consumption savings, pay less on their energy bills. Low-income Canadians might be impacted by the Amendment to the extent there is an increase in retail prices for these products. Those living in low-income households who are also renters could benefit from lower energy costs when their landlords replace products with the more efficient models, unless their landlord does not pass on the savings to them.

This analysis was informed by a product-specific market study conducted for the Amendment by a third-party consultant who was requested to identify any disproportionate impacts from increasing energy efficiency standards on certain socio-economic segments of the Canadian population. The factors considered were sex, gender, socio-economic status, race, ethnicity, age, mental or physical disability and whether a population is urban, rural, or remote. NRCan also considered the results of an internal study (NRCan study) that provided an overview of intersectional gender-based issues in Canada’s energy efficiency sector using a gender-based analysis plus and recommendations for future inclusive policy-making.

The market study identified potential impacts based on socio-economic status. More stringent energy efficiency standards could cause a temporary manufacturer costs’ increase, estimated at less than 3% for both products,footnote 27 which could be passed on to retail prices, disproportionally affecting low-income consumers. Previous studies have shown that in practice, manufacturer costs and retail prices have not gone up following required increases in energy efficiency, but instead came down while efficiency increased.footnote 20 Despite this evidence, NRCan’s cost-benefit analysis takes a conservative approach and assumes that incremental manufacturer costs are passed on to consumers and remain constant over the analysis period.

The market study suggested that no adverse impact on consumers of air conditioners and heat pumps is expected based on sex, gender, race, ethnicity, age, mental or physical disability and whether a population is urban, rural, or remote. However, the NRCan study on intersectional gender-based issues confirmed, based on census data, that Canadian groups which are disproportionally experiencing low-income levels include women, racialized people, Indigenous peoples, single-parent families, those under 30 years old and 65 years old and older, persons with disabilities, and those with a high school degree or less (including intersections of these identity factors). Therefore, based on this classification, impacts on low-income consumers can also impact Canadians based on the identity factors sex, gender, race, ethnicity, age, and mental or physical disability. NRCan takes the conservative assumption that any impacts of increased costs on low-income people would also impact these other intersecting identity factors.

Another factor determining access to more energy efficient products is the households’ ability to control or modify their dwelling. In rental housing, the landlord is often the main decision-maker and the renters have relatively less ability to implement energy efficiency decisions. As a result of the Amendment, landlords who will have to replace air conditioners and/or heat pumps will have to purchase more efficient products. Canadians living in low-income households that are renting and paying the utility bills will then benefit from lower energy consumption and associated costs. The money saved could be used for other needs. However, renters whose utility costs are included in their rent may not benefit from lower energy consumption if the landlord purchases more energy-efficient products and does not pass on these energy cost savings to tenants in the form of lower rent.

Through the pre-consultation, stakeholders were asked to comment on the potential implications for any subset of the population, including gender-based analysis plus and indigenous considerations. No issues were raised associated with any of these groups.

Implementation, compliance and enforcement, and service standards

The Amendment will come into force six months after the date of publication in the Canada Gazette, Part II, except for the requirements for central air conditioners and central heat pumps which come into force upon publication in the Canada Gazette, Part II. The requirements will apply to the prescribed products based on their date of manufacture or import or interprovincial shipment. Stakeholders can refer to the Guide to Canada’s Energy Efficiency Regulations which will be updated by the coming into force dates of the Amendment.

The compliance and enforcement procedures already in place for all products prescribed under the Regulations will continue to be used following the coming into force of the Amendment. The main features of these procedures are explained below.

Verification marking and energy efficiency prescribed information

For products prescribed under the Regulations, NRCan employs a third-party verification system using the services of certification bodies accredited by the Standards Council of Canada. Verified energy performance data is submitted to NRCan by the dealer in an energy efficiency report. This report is required for each product model before the first importation or interprovincial shipment.

Prescribed information pertaining to imports and monitoring

Existing NRCan procedures for the collection of information for commercial imports of prescribed products will apply to products affected by the Regulations. These procedures involve crosschecking required import data received from customs release documents with the energy efficiency reports that dealers have submitted to NRCan. This crosschecking ensures that the compliance of prescribed products imported into Canada can be verified.

The Regulations will continue to require dealers of prescribed products to provide the information needed for customs monitoring.

Direct fieldwork: market survey and product testing

In addition to ongoing compliance and marketplace monitoring activities, NRCan surveys and tests products in the context of monitoring compliance outcomes with product-specific compliance audits. Depending on the product, in-store audits and/or testing of products are also conducted.

NRCan also conducts product testing on a complaint-driven basis. The market is highly competitive and suppliers are cognizant of performance claims made by their competitors.

Contact

Ben Copp
Senior Director
Demand Policy and Analysis Division
Office of Energy Efficiency
Low Carbon Energy Sector
Natural Resources Canada
580 Booth Street
Ottawa, Ontario
K1A 0E4
Telephone: 613‑614‑4151
Email: equipment-equipement@nrcan-rncan.gc.ca