Canada Gazette, Part I, Volume 159, Number 10: Regulations Amending the Multi-Sector Air Pollutants Regulations

March 8, 2025

Statutory authority
Canadian Environmental Protection Act, 1999

Sponsoring departments
Department of the Environment
Department of Health

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Department of the Environment (the Department) has determined that test procedures in the Multi-Sector Air Pollutants Regulations (MSAPR), Part 1 are inadequate for certain existing boiler and heater configurations and may lead to unsafe testing conditions for the determination of their nitrogen oxides (NOx) emissions. Consequently, at least 41 boilers and heaters could not be properly classified based on their NOx performance, as their NOx emissions remained untested, or their tests were deemed invalid or could not be completed under current provisions. The Regulations Amending the Multi-Sector Air Pollutants Regulations (the proposed Amendments) would address these issues by (a) extending the deadline for completing a NOx test and (b) by changing the NOx testing provisions to allow more flexibility in testing various boiler and heater configurations, so that regulated entities can comply with the MSAPR Part 1.

Background

Under the Air Quality Management System (AQMS) adopted by Ministers of the Environment in 2012, federal, provincial and territorial governments collaborate to address air pollution. The AQMS includes base-level industrial emissions requirements (BLIERs) for key industrial sources and equipment types. BLIERs are set by the federal government through regulatory and non-regulatory instruments. The MSAPR came into force on June 17, 2016, put in place the BLIERs for boilers and heaters, stationary spark-ignition engines, and the cement sector. Part 1 of MSAPR sets NOx emission standards on gaseous fossil fuel-fired industrial boilers and heaters. Part 2 sets NOx emission standards on gaseous fossil fuel-fired stationary spark-ignition engines and Part 3 sets NOx and sulphur dioxide emission standards on cement manufacturing facilities.

Part 1 of MSAPR targets natural gas boilers and heaters which make up the largest segment of industrial boilers and heaters in Canada. There are approximately 1 300 boilers and heaters subject to MSAPR Part 1, located in over 300 industrial facilities across Canada. Over 77% of these boilers and heaters are used in the oil and gas and oil sands sector, but other sectors are also represented, including chemicals (7.0%); pulp and paper (6.6%); power plants (2.6%) and potash production (2.1%).

A key requirement of MSAPR was the obligation for operators of boilers and heaters commissioned prior to June 17, 2016 (referred to as pre-existing footnote 1 boilers and heaters) to determine the NOx emissions performance class of their boilers and heaters. To do so, operators had to perform a valid NOx test between June 17, 2016, and December 31, 2022, to determine the NOx emission intensity of their boilers and heaters, which would then be used to determine their class. Pre-existing boilers and heaters with a NOx emission intensity of less than 70 g of NOx per gigajoule (GJ) of fuel combusted would face less stringency. Conversely, less efficient pre-existing boilers and heaters would face more stringent emission intensity standards. See Table 1 for a description of the three performance classes, which are determined based on the NOx emission intensity of the pre-existing boilers and heaters.

The deeming rule of MSAPR stipulates that if an operator were not able to perform a valid NOx test for a pre-existing boiler or heater during the prescribed period, the boiler or heater would consequently be deemed to be of the worst NOx performance class (class 80). To comply with MSAPR, class 80 units would be required to achieve a stringent NOx emission intensity limit of 26 g/GJfootnote 2 by January 1, 2026. This would impact most boilers and heaters that are deemed class 80. The most impacted are operators of true class 40 boilers and heaters as those units would face a NOx emission intensity limit of 26 g/GJ starting in 2026 that they would otherwise avoid for the rest of their useful life. Also impacted are operators of true class 70 that have been deemed class 80 as those boilers and heaters would face a NOx emission intensity limit of 26 g/GJ which would kick in 10 years earlier (2026 for class 80 and 2036 for class 70) than if they were classified in their appropriate class.

Table 1: Classification and NOx emission intensity deadlines
Classification NOx emission intensity (from NOx test) NOx emission intensity limit (imposed by MSAPR) Deadline
Class 40 < 70 g/GJ N/A N/A
Class 70 > 70 and < 80 g/GJ 26 g/GJ January 1, 2036
Class 80 > 80 g/GJ 26 g/GJ January 1, 2026

In the 2016 Regulatory Impact Analysis Statement (RIAS) for Part 1 of MSAPR, it was assumed that a valid NOx test could be performed on all equipment and thus that all equipment would be classified in their appropriate NOx performance class on time. It was estimated in the 2016 RIAS that 53 boilers and heaters would be determined to be either a class 70 or 80 following the testing of their emissions. Upon reviewing the pre-existing boiler and heater submissions (early 2023) and reaching out to industry (September 2023), the Department found that many operators had difficulty interpreting and/or complying with the MSAPR NOx testing provisions for a varied range of equipment configurations. For some configurations, complying with the MSAPR requirements would lead to unsafe testing conditions for the equipment or for human life. As of August 2024, a valid NOx test had not been submitted for 324 pre-existing boilers and heaters. This affected 83 facilities, predominantly operated in the oil and gas sector. Failure to demonstrate compliance with the testing provisions, however, triggered the deeming rule of MSAPR and resulted in these 324 pre-existing boilers and heaters being deemed of the worst performing class (class 80).

Based on the year these pre-existing boilers and heaters were commissioned and consultations with 17 industry representatives, equivalent to 67% of all affected boilers and heaters, it was estimated that 218 pre-existing boilers and heaters could be impacted by the deemed 80 rule. The other 106 boilers and heaters are estimated to be either true class 80, decommissioned or no longer regulated under the MSAPR. Impacted boilers and heaters are the ones that could have been classified as a class 40 or 70 if they could have been tested adequately under existing provisions. The proposed Amendments are designed to enable the operators of pre-existing boilers and heaters impacted by the deemed 80 rule to demonstrate compliance with the testing requirements and provide them with an opportunity to reclassify their pre-existing boilers and heaters within their true class. The outcome of the reclassification of a deemed 80 boilers and heaters to a class 40 — which is the true class of the majority of deemed 80 boilers and heaters — means those reclassified boilers and heaters would not have to be retrofitted to comply with the NOx emissions limit for class 80 units.

Table 2 below provides a breakdown of the location and industrial sector of the 218 impacted pre-existing boilers and heaters.

Table 2: Distribution of impacted boilers and heaters
Sector/Province AB BC NL ON QC SK Total
Chemicals 6 N/A N/A 6 N/A N/A 12
Oil and gas 140 5 2 N/A N/A 11 158
Oil sands 30 N/A N/A N/A N/A N/A 30
Potash N/A N/A N/A N/A N/A 6 6
Power plants 1 N/A N/A N/A N/A N/A 1
Pulp and paper N/A 1 N/A 7 3 N/A 11
Total 177 6 2 13 3 17 218

Following consultation with the regulated industry impacted by the boilers and heaters classification issue, the Department discovered that, of the 218 impacted boilers and heaters, at least

In the absence of information on the remaining boilers and heaters, the Department, in accordance with the deeming rule of section 12(2) of the Regulations, and for the purpose of analysis, has deemed this equipment to be either class 80 due to testing issues, or for not having carried a classification test on time, decommissioned, or to be true class 80 equipment.

Objective

The proposed Amendments aim to add flexibility to the testing requirements to apply to a greater variety of equipment configuration. The proposed Amendments would also provide regulated parties with an extended testing period to conduct a valid NOx test for the 218 pre-existing boilers and heaters for which a valid NOx test was not submitted. This would include at least 41 boilers and heaters that had confirmed issues to demonstrate compliance as a result of existing testing provisions. This would allow operators of the 218 impacted boilers and heaters time and flexibility to retest their equipment.

Description

The proposed Amendments to Part 1 of MSAPR would provide an opportunity to operators of pre-exiting boilers and heaters impacted by the deemed 80 rule to reclassify their equipment. The proposed Amendment would also add flexibilities to the testing requirement to ensure safe and predictable testing condition for equipment configurations found in industry. The proposed Amendment would incorporate the following:

Regulatory development

Consultation

Following the classification deadline of December 31, 2022, under section 36 of MSAPR, the Department has analyzed the reports submitted to determine the scope of the NOx testing issues by assessing the number of boilers and heaters for which a valid NOx test could not be performed. The analysis demonstrated that a valid test was not submitted for 324 boilers and heaters, raising Department concerns to the possibility that a significant number of boiler and heater operators were facing issues in complying with the NOx testing requirements.

To determine the reasons for missing the classification deadline, and to validate the impact of the NOx testing issues, the Department engaged with 17 companies during the fall of 2023, with regional and sectorial representativeness, that owned or operated over 67% of the 324 boilers and heaters for which a valid NOx test was not submitted. The comments heard were in line with what the Department had heard over eight years of administrating MSAPR and confirmed the scope of the testing issues.

Due to the necessity of publishing the final Amendments before January 1, 2026 (the coming into force of the NOx emissions limits for pre-existing boilers and heaters), the Department further engaged in 2024 with a limited group of companies that were facing the most complex issues to validate the applicability of the proposed rules for common stacks as well as the other testing flexibility that are proposed. In general, those consulted were supportive of the flexibility to the testing provisions and of the opportunity to reclassify impacted equipment.

Modern treaty obligations and Indigenous engagement and consultation

Pursuant to the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, the Department conducted an assessment of modern treaty implications on the proposed Amendments. While a small number of boilers and heaters are located in industrial locations/regulated entities covered by multiple agreements, this initiative would have no bearing on the key rights area outlined in the agreements because these boilers and heaters are not located on land or businesses owned by the listed Modern Treaty Holders. Thus, the assessment did not identify any modern treaty implications or obligations and the proposed Amendments targeting testing provisions are not expected to have a direct impact on Indigenous peoples. National Indigenous organizations have not been engaged yet. They will be informed of the 60-day public comment period when the proposed Amendments are published.

Instrument choice

Maintaining the status quo was not considered to be a viable option, as this would have left boilers and heaters operators facing safety issues when testing their NOx emissions as well as being incorrectly deemed out of compliance with the current Regulations.

To meet the objectives of correcting the classification of impacted boilers and heaters, it was determined that the only viable option was to amend the Regulations.

Amending the Regulations would provide greater flexibility for the quantification of NOx emissions for a variety of equipment configurations in addition to adding a period to determine the NOx performance class of a boiler or heater to enable proper and safe testing to demonstrate compliance.

Regulatory analysis

Benefits and costs

Analytical framework

The 218 boilers and heaters for which a valid test result within the prescribed timeline of MSAPR was not produced are deemed class 80 under the current Regulations. If these boilers and heaters remain deemed class 80, their operators would incur incremental costs to comply with MSAPR. Since 2016, the Department has received sufficient data and disclosure from operators that indicates that the vast majority of affected boilers and heaters would be classified as class 40 and thus would be in compliance with MSAPR without any changes to their performance. In absence of the proposed Amendments, the operators of impacted boilers and heaters would be required to make significant investments to retrofit or reconfigure equipment that would be unnecessary for class 40 equipment.

To identify and assess the incremental impacts of the proposed Amendments, two scenarios were developed: the baseline scenario (in the absence of the proposed Amendments) and the regulatory scenario (applying the proposed Amendments). In both scenarios, equipment is assumed to operate at 75% capacity, for 24 hours a day, 365 days a year. The analytical period extends from 2025 to 2035 inclusive (11-year analytical period). Total costs are presented in 2024 Canadian dollars and are discounted to 3%.

Baseline scenario

The baseline scenario reflects a forecast of the current conditions and costs estimated under MSAPR. Under the baseline scenario 218 boilers and heaters did not submit valid test results prescribed under the current Regulations and as such, were deemed class 80. In the absence of the amendments, they would be required to meet the Class 80 emission standard and their operators would incur costs to upgrade them to comply with MSAPR. This would result in incremental emission reductions that were not estimated under MSAPR and additional testing to demonstrate compliance with the NOx standard in 2026. Baseline NOx emissions were calculated based on the emissions intensity standards that each boiler and heater would be subject to under its classification in MSAPR, including deemed class 80 boilers and heaters. For any unit whose current emissions are greater than 70 g/GJ NOx or that were deemed class 80, their emissions were estimated at 20 g/GJfootnote 3 for compliance with the 26 g/GJ limit that they are subject to under MSAPR.

Regulatory scenario

Under the regulatory scenario, the proposed Amendments would result in avoided costs by providing testing flexibility and by extending the classification testing period under the current Regulations to December 31, 2025, to demonstrate the NOx performance of boilers and heaters. These provisions would ensure that operators of boilers and heaters would be able to classify their equipment within their appropriate NOx performance class. Doing so would require a new test to be performed in 2025. If successful, this would avoid costs related to installing unnecessary and costly retrofits, which could include equipment replacement, or facility equipment reconfiguration. Furthermore, misclassified boilers and heaters would no longer be subject to the emission standards prescribed by MSAPR and would not result in the incremental emissions reductions outlined in the baseline scenario. Select regulated parties (true class 70 units that were deemed class 80) would incur incremental costs for additional stack testing in 2036. Operators of all units would incur an administrative burden to familiarize with the proposed Amendments.

Incremental impacts

Under the current regulations, operators of the 218 impacted boilers and heaters are required to test the emissions of their boilers and heaters to demonstrate compliance with the class 80 NOx emissions limits that comes into force January 1, 2026. This test would no longer be required under the proposed Amendments for boilers and heaters that are reclassified to class 40 or 70 (208 in Table 3). However, operators of those class 40 and 70 boilers and heaters would be required under the proposed Amendments to perform a test to reclassify them in their true class by the end of 2025. These tests would cancel each other out for boilers and heaters that are true class 40 and 70. Only true class 70 units would be required to complete one additional test to perform, since they would still be required under the proposed Amendments to test to demonstrate compliance with the class 70 NOx emission limit that comes into force January 1, 2036.

Table 3 shows a breakdown of the impacted boilers and heaters, emissions without and with the proposed Amendments, and the requirements for each group.

Table 3: Breakdown of impacted boilers and heaters: emissions and incremental requirements
Proposed Amendment classification Emissions without amendments (baseline scenario)
[g NOx/GJ]		 Emissions with amendments (regulatory scenario)
[g NOx/GJ]		 Number of units Compliance requirement
Class 40 ≤ 26 ≤ 26 74 Familiarization with the proposed Amendments
Class 40 20 26 ≤ x < 70 121 Familiarization with the proposed Amendments
Class 70 20 2026: 70 ≤ X < 80 table 3 note a 2036: 20 13 Incremental stack testing and familiarization with the proposed Amendments
Class 80 20 20 10 Familiarization with the proposed Amendments
Total N/A N/A 218 N/A

Table 3 note(s)

Table 3 note a

Class 70 will still have to be upgraded or replaced to meet the 26 g/GJ target, but Class 70 has 10 more years to do so (Jan 1, 2036, vs. Jan 1, 2026). Therefore, incremental emissions are those over this 10-year difference and are calculated based on the delta between current vs. post-upgrade/replacement emissions intensity.

Return to table 3 note a referrer
Quantitative impacts
Benefits

Under the proposed Amendments, the monetized incremental benefits would be the cost savings from approximately 60% of the 218 boilers and heaters avoiding unnecessary retrofits. These cost savings were calculated based on the incremental costs presented in the RIAS for MSAPR (which are presented in 2015 dollars). For class 70 units, the avoided costs were calculated using the difference in the discounted cost for replacing or upgrading the equipment in 2025 (for class 80 units, in the baseline scenario) versus doing so in 2035 (for class 70 units, in the regulatory scenario). Costs estimated in MSAPR to upgrade boilers and heaters varied by current emissions level and unit capacity and ranged from as low as $46,000 to $1 million per unit (2015 dollars). Total avoided costs for operators as a result of the proposed Amendments were estimated to be $14.5 million (2024 dollars, discounted) over the total analytical period.

Costs

Thirteen units deemed class 80 under the current Regulations that would be reclassified as class 70 under the proposed Amendments and would incur incremental stack testing costs (as shown in Table 3), on top of the classification NOx test for all units prescribed by the current Regulations. This would be an additional test and subsequent cost incurred in 2036. The cost of undertaking and submitting an additional stack test was assumed to be $10,500 (2024 dollars). Discounting for the test being undertaken in 2036, the total incremental cost for the 13 class 70 units is approximately $101,569 (2024 dollars, discounted). There would be no incremental costs from stack testing for units that would be reclassified as class 40 or units that would remain class 80 under the proposed Amendments as they will not need to submit a supplemental test to be reclassified.

Regulated parties that own and/or operate the 218 boilers and heaters subject to the proposed Amendments would incur administrative costs to familiarize with the proposed regulatory amendments. This would be a one-time upfront cost assumed to be carried out by internal senior management occupations. It was estimated to take 0.5 hours for operators without common stacks, and four hours for operators with common stacks. The total discounted administrative costs associated with the proposed Amendments are $9,648 in 2024 dollars, over the analytical period.

Qualitative impacts
Impacts on emissions

For the baseline scenario, it was estimated that the operators of the impacted 218 boilers and heaters would be required to meet the emission standard for class 80 units and would result in an incremental emissions reduction of 25.33 kt of NOx over the analytical period if they were to remain deemed class 80 equipment. The proposed Amendments would provide an opportunity to operators to correct the classification of these boilers and heaters by allowing for more time to perform a valid test. The proposed Amendments would also provide more flexibility to the testing provisions. If the operators of the 218 boilers and heaters could produce a valid NOx test, they would be correctly classified as class 40 and would subsequently no longer be subject to a NOx emission reduction requirement and would not result in any incremental emissions reductions.

Impacts on health

Air pollution health benefits were estimated in the RIAS for MSAPR published in 2016. The reductions in air pollutant emissions (notably 98 750 tonnes of NOx) associated with performance standards for these boilers and heaters were expected to lower ambient air pollution levels and result in approximately 70 fewer premature deaths over the 2016 to 2035 period of analysis, as well as fewer morbidity impacts, such as 20 000 fewer days of asthma symptoms and 70 000 fewer days of restricted activity in non-asthmatics. The value of those health benefits over the 2016 to 2035 period was estimated at $388M (2015 dollars).

Without the proposed Amendments extending the testing timeline, there would be a higher number of retrofits or replacements compared to the original assumptions, which would provide incremental emission reductions. However, the outcome of the classification of the 218 boilers and heaters without valid tests is uncertain.

The proposed Amendments would not change the performance standards, or compliance timelines for retrofit or replacements. Further, the proposed Amendments are expected to result in the same emissions reductions from the original analysis for MSAPR. Therefore, the proposed Amendments are expected to have minimal, or no impact, both in terms of health and monetized benefits in comparison to the air quality and health impacts estimated in the original analysis for MSAPR.

The proposed Amendments are not expected to result in any new costs, direct or indirect, to the Government or Canadian consumers.

Cost-benefit statement
Table 4: Monetized benefits
Impacted stakeholder Description of benefit 2025 2026–2034 2035 Total
(present value)		 Annualized value
Industry Avoided capital costs $14,483,047 $0 $0 $14,483,047 $1,565,290
All stakeholders Total benefits $14,483,047 $0 $0 $14,483,047 $1,565,290
Table 5: Monetized costs
Description of cost 2025 2026–2034 2035 Total
(present value)		 Annualized value
Industry Familiarization with regulatory amendments for units that do not share a common stack $7,686 $0 $0 $7,686 $830
Familiarization with regulatory amendments for units that do share a common stack $1,962 $0 $0 $1,962 $212
Incremental Stack testing costs $0 $0 $101,569 $101,569 $10,977
Total costs $9,648 $0 $101,569 $111,217 $12,020
Table 6: Summary of monetized benefits and costs
Impact 2025 2026–2034 2035 Total
(present value)		 Annualized value
Total benefits $14,483,047 $0 $0 $14,483,047 $1,565,290
Total costs $9,648 $0 $101,569 $111,217 $12,020
Net impact $14,473,399 $0 $−101,569 $14,371,829 $1,553,271

Small business lens

The small business lens would not apply, as there are no identified small businesses that would be affected by the proposed Amendments.

One-for-one rule

The one-for-one rule would apply since the proposed Amendments would require an increase in the administrative burden on affected business. The administrative costs on business would include familiarization with the proposed Amendments. Following the International Standard Cost Model Manual and using a 7% discount rate, the annualized increase in administrative costs for each affected business is $1.43 and total annualized administrative costs are $776 (in 2012 Canadian dollars). This represents an “IN” under the rule.

Regulatory cooperation and alignment

The proposed Amendments are not expected to have any impact on regulatory cooperation and alignment.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment (SEEA Directive), a SEEA preliminary screening was conducted. Regulatory proposals subject to the Cabinet Directive on Regulation are exempted from the economic analysis elements of the SEEA Directive. The preliminary screening showed that the proposed Amendments would not produce important effects related to greenhouse gases (GHG) and/or impact Canada’s climate plans and targets; however, the extension of the reclassification period provided under the proposed Amendments could result in incremental emissions of a maximum of 25 333 tonnes of NOx being emitted over the 11-year analytical period (2025–2035). This is because the extension would provide an opportunity to the 218 boilers and heaters deemed as class 80 to reclassify as class 40. Deemed class 80 equipment would need to be upgraded or replaced by January 1, 2026, in the baseline scenario; whereas under the proposed Amendments, they could either be upgraded/replaced 10 years later (for class 70 equipment) or not at all (for class 40 equipment) — corresponding in incremental NOx emissions.

Gender-based analysis plus

The Department’s Air Quality Program Office had developed an extensive gender-based analysis plus (GBA+) for the Addressing Air Pollution Horizontal Initiative presented and approved by the Treasury Board Secretariat. The analysis demonstrated that no groups (based on factors such as gender, sex, age, language, education, geography, culture, ethnicity, income, ability, sexual orientation, and gender identity) are expected to be affected disproportionately by air pollution’s mitigation policies. Specifically, the proposed Amendments would not increase the cost of goods to consumers, nor increase production cost to industry, ensuring no job losses and protecting from any impacts on the economically vulnerable. Consequently, no concerns are expected to be expressed by stakeholders or the public regarding the possible consequences of the proposed Amendments.

Implementation, compliance and enforcement, and service standards

Compliance promotion and enforcement activities would continue for the MSAPR regulated parties. The proposed Amendments would come into force upon registration.

Implementation

These proposed Amendments would come into force upon registration.

The Department would contact boilers and heaters owners or operators through the contact information they provided under MSAPR reporting to inform them of the coming into force of the final Amendments. While most of the requirements under the proposed Amendments are straight forward and simple, compliance promotion material would be available to support industry with the more complex quantification rule to group test boilers and heaters that are connected to a common stack. The Department also supports a generic inbox for inquiries on MSAPR.

Compliance and enforcement

Compliance promotion and enforcement activities would continue for the MSAPR regulated parties.

The proposed Amendments would be made under the Canadian Environmental Protection Act, 1999 (the Act); therefore, enforcement officers would, when verifying compliance with the amended Regulations, apply the Compliance and Enforcement Policy for the Act. The policy sets out the range of possible enforcement responses to alleged violations. Following an inspection or investigation, when an enforcement officer discovers an alleged violation, the officer would choose the appropriate enforcement action based on the policy.

Contacts

Karishma Boroowa
Director
Electricity and Combustion Division
Environment and Climate Change Canada
351 Saint-Joseph Boulevard
Gatineau, Quebec
K1A 0H3
Email: combustion@ec.gc.ca

Matthew Watkinson
Executive Director
Regulatory Analysis and Valuation Division
Environment and Climate Change Canada
351 Saint-Joseph Boulevard
Gatineau, Quebec
K1A 0H3
Email: eccc.darv-ravd.eccc@canada.ca

PROPOSED REGULATORY TEXT

Notice is given, under subsection 332(1)footnote a of the Canadian Environmental Protection Act, 1999 footnote b, that the Governor in Council proposes to make the annexed Regulations Amending the Multi-Sector Air Pollutants Regulations under subsections 93(1)footnote c and 330(3.2)footnote d of that Act.

Any person may, within 60 days after the date of publication of this notice, file with the Minister of the Environment comments with respect to the proposed Regulations or a notice of objection requesting that a board of review be established under section 333footnote e of that Act and stating the reasons for the objection. Persons filing comments are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website. Persons filing comments by any other means, and persons filing a notice of objection, should cite the Canada Gazette, Part I, and date of publication of this notice, and send the comments or notice of objection to Karishma Boroowa, Director, Electricity and Combustion Division, Energy and Transportation Directorate, Department of the Environment, 351 Saint-Joseph Boulevard, Gatineau, Quebec K1A 0H3 (email: combustion@ec.gc.ca).

A person who provides information to the Minister may also submit a request for confidentiality under section 313footnote f of that Act.

Ottawa, February 4, 2025

Janna Rinaldi
Acting Assistant Clerk of the Privy Council

Regulations Amending the Multi-Sector Air Pollutants Regulations

Amendments

1 The definitions natural gas and rated capacity in section 4 of the Multi-Sector Air Pollutants Regulations footnote 4 are replaced by the following:

natural gas
means a gaseous fossil fuel that consists of at least 85% methane by volume. (gaz naturel)
rated capacity,
in relation to a boiler or heater, means the maximum thermal energy — based on the higher heating value of the fuel combusted — that the boiler or heater is capable of producing in an hour, expressed in GJ/h, as specified on the nameplate affixed to the boiler or heater by its manufacturer or, in the absence of such a nameplate, as set out in a document provided by the manufacturer. (capacité nominale)

2 (1) Section 27 of the Regulations is amended by adding the following after subsection (1):

Exception

(1.1) However, if a test run that lasts 30 minutes may damage equipment or endanger human life each test run must last as long as is possible without creating such a risk.

(2) Paragraph 27(2)(b) of the Regulations is replaced by the following:

3 Subparagraph 28(1)(a)(i) of the Regulations is repealed.

4 The Regulations are amended by adding the following after section 29:

Common stack

29.1 (1) A stack test or CEMS test at a common stack may be used to determine the NOx emission intensity for all of the boilers and heaters that share the common stack and are operating during the test.

Determination of intensity — only boilers and heaters

(2) For the purpose of sections 34 and 36, if only boilers and heaters that operate during a stack test or CEMS test share a common stack, the result of that test applies when determining the NOx emission intensity of each boiler or heater.

Determination of intensity — presence of other devices

(3) For the purpose of sections 34 and 36, if a boiler or heater shares a common stack with a device to which this Part does not apply, the NOx emission intensity of that boiler or heater is determined by the following formula:

(ΣrQr × Eout + ΣuQu × Eout - ΣuQu × Eu) ÷ ΣrQr
where
Qr
is the energy, in GJ, of the fuel combusted during the test by the rth boiler or heater;
Eout
is the NOx emission intensity measured during the test in g/GJ;
Qu
is the energy, in GJ, of the fuel combusted during the test by the uth device;
Eu
is the manufacturer’s guaranteed NOx emission intensity value, in g/GJ for the uth device or, if the manufacturer has not provided such a guarantee, 26 g/GJ;
r
is the rth boiler or heater to which this Part applies that shares the common stack and is operating during the test, where r goes from 1 to n and n is the number of such boilers and heaters;
u
is the uth device to which this Part does not apply that shares the common stack and is operating during the test, where u goes from 1 to n and n is the number of such devices.

Reference period

(4) For greater certainty, when subsection (2) or (3) applies with respect to section 34, the stack test or CEMS test must have been conducted during the reference period described in subsection 34(1).

Initial test or compliance test

(5) For the purpose of sections 33 and 38, the NOx emission intensity of a boiler or heater that shares a common stack with a device to which this Part does not apply is deemed not to exceed the applicable limit set out in section 6, 7, 9 to 11, 13 or 14 if the NOx emission intensity of the common stack does not exceed the limit that is determined by the following formula:

(Σj(Qj × Lj) + Σk(Qk × Ck) + Σu(Qu × Eu)) ÷ (ΣjQj + ΣkQk + ΣuQu)
where
Qj
is the energy, in GJ, of the fuel combusted during the test by the jth boiler or heater;
Lj
is the NOx emission intensity limit, in g/GJ, that applies to the jth boiler or heater;
Qk
is the energy, in GJ, of the fuel combusted during the test by the kth boiler or heater;
Ck
is the classification NOx emission intensity, in g/GJ, of the kth boiler or heater;
Qu
is the energy, in GJ, of the fuel combusted during the test by the uth device;
Eu
is the manufacturer’s guaranteed NOx emission intensity value, in g/GJ for the uth device or, if the manufacturer has not provided such a guarantee, 26 g/GJ;
j
is the jth boiler or heater to which this Part applies that shares the common stack and is operating during the test and that is required under this Part to meet an NOx emission intensity limit, where j goes from 1 to n and n is the number of such boilers and heaters;
k
is the kth boiler or heater to which this Part applies that shares the common stack and is operating during the test but that is not required under this Part to meet an NOx emission intensity limit, where k goes from 1 to n and n is the number of such boilers and heaters;
u
is the uth device to which this Part does not apply that shares the common stack and is operating during the test, where u goes from 1 to n and n is the number of such devices.

Redetermination after triggering event

(6) When a triggering event described in subsection 37(3) occurs with respect to a boiler or heater to which section 37 applies that shares a common stack, its NOx emission intensity is determined by the following formula:

((ΣtQt + ΣuQu + ΣxQx) × Eout - ΣuQu × Eu - ΣxQx × Cx) ÷ ΣtQt
where
Qt
is the energy, in GJ, of the fuel combusted during the test by the tth boiler or heater;
Qu
is the energy, in GJ, of the fuel combusted during the test by the uth device;
Qx
is the energy, in GJ, of the fuel combusted during the test by the xth boiler or heater;
Eout
is the NOx emission intensity measured during the test in g/GJ;
Eu
is the manufacturer’s guaranteed NOx emission intensity value, in g/GJ for the uth device or, if the manufacturer has not provided such a guarantee, 26 g/GJ;
Cx
is the classification NOx emission intensity, in g/GJ, of the xth boiler or heater;
t
is the tth boiler or heater to which this Part applies that shares the common stack, underwent a triggering event and is operating during the test, where t goes from 1 to n and n is the number of such boilers and heaters;
u
is the uth device to which this Part does not apply that shares the common stack and is operating during the test, where u goes from 1 to n and n is the number of such devices;
x
is the xth boiler or heater to which this Part applies that shares the common stack, did not undergo a triggering event and is operating during the test, where x goes from 1 to n and n is the number of such boilers and heaters.

5 The Regulations are amended by adding the following before section 37:

Redetermination after election under subparagraph 34(1)(b)(vi)

36 (1) The classification NOx emission intensity of a boiler or heater for which an election under subparagraph 34(1)(b)(vi) is made to have a classification NOx emission intensity of 80 g/GJ assigned to it may, until December 31, 2025, be redetermined during a reference period described in subsection (3).

Stack test or CEMS test

(2) The redetermination must be made by means of

Reference period

(3) The reference period for the redetermination begins on June 17, 2016 and ends on the day that is chosen by a responsible person for the boiler or heater.

Redetermination — NOx emission intensity

(4) The classification NOx emission intensity that is redetermined under subsections (1) to (3) replaces the classification NOx emission intensity of 80 g/GJ assigned as a result of the election made under subparagraph 34(1)(b)(vi).

Coming into Force

6 These Regulations come into force on the day on which they are registered.

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