Regulations Amending the Energy Efficiency Regulations, 2016 (MA 1): SOR/2024-54
Canada Gazette, Part II, Volume 158, Number 8
Registration
SOR/2024-54 March 27, 2024
ENERGY EFFICIENCY ACT
The Minister of Natural Resources makes the annexed Regulations Amending the Energy Efficiency Regulations, 2016 (MA 1) under subsection 20.1(2)footnote a of the Energy Efficiency Act footnote b.
Ottawa, March 22, 2024
Jonathan Wilkinson
Minister of Natural Resources
Regulations Amending the Energy Efficiency Regulations, 2016 (MA 1)
Amendments
1 (1) The definition integrated solid-state lighting circuitry in section 515 of the Energy Efficiency Regulations, 2016 footnote 1 is repealed.
(2) The definition 10 C.F.R. §430.23(x)(2) in section 515 of the Regulations is replaced by the following:
- 10 C.F.R. §430.23(x)(1)
- means paragraph 430.23(x)(1) of Subpart B, Part 430 of Title 10 to the United States Code of Federal Regulations, as amended from time to time. (10 C.F.R. §430.23(x)(1))
(3) Section 515 of the Regulations is amended by adding the following in alphabetical order:
- non-consumer-replaceable solid-state lighting
- means the lighting system in a ceiling fan light kit for which the solid-state lighting light source and all components necessary for the starting and stable operation of the light source – that is, the driver, heat sink, intermediate circuitry – cannot be replaced by the consumer without permanently altering the ceiling fan light kit. Furthermore, if the lighting system fails, the entire ceiling fan light kit must be replaced. (éclairage à semi-conducteurs non remplaçable par le consommateur)
2 Subparagraph 516(2)(b)(iii) of the Regulations is replaced by the following:
- (iii) if it is manufactured on or after January 7, 2019, it has at least one socket, has maximum wattage markings on each socket that together indicate that the combined total power for the lighting is less than or equal to 70 W and does not have non-consumer-replaceable solid-state lighting.
| Item | Column 1 Energy-using Product |
|---|---|
| 2 | Ceiling fan light kits that have at least one socket, that are not packaged with a lamp for each socket and that do not have non-consumer-replaceable solid-state lighting |
| Item | Column 1 Energy-using Product |
Column 2 Testing Standard |
|---|---|---|
| 3 | Ceiling fan light kits that have at least one socket, that are packaged with a lamp for each socket and that do not have non-consumer-replaceable solid-state lighting | 10 C.F.R. §430.23(x)(1) |
| 4 | Ceiling fan light kits that have non-consumer-replaceable solid-state lighting | 10 C.F.R. §430.23(x)(1) |
4 (1) Paragraph 518(1)(b) of the Regulations is replaced by the following:
- (b) if it has non-consumer-replaceable solid-state lighting, the lighting efficacy, expressed in lumens per watt, and the total light output, expressed in lumens;
(2) Subsection 518(2) of the Regulations is replaced by the following:
Standard
(2) The information must be collected in accordance with CSA C22.2 No. 250.0 or 10 C.F.R. §430.23(x)(1).
Coming into Force
5 These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
In 2023, the United States Department of Energy (U.S. DOE) revised its testing standard for ceiling fan light kits, necessitating minor corrective measures by Natural Resources Canada (NRCan) to ensure regulatory harmonization. In response, the ministerial authority outlined in section 20.1 of the Energy Efficiency Act is being used to update an outdated reference in the Energy Efficiency Regulations, 2016 (the Regulations) for ceiling fan light kits.
Background
Canada’s building sector (including homes and commercial and institutional buildings) is a significant contributor to Canada’s total energy consumption, with the associated GHG emissions largely determined by the energy-using products used. Products that combust fossil fuels to generate heat can 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. NRCan’s intention is to update an outdated reference, stemming from recent changes in U.S. regulations, to a testing standard incorporated by reference for ceiling fan light kits. The standard was introduced in the Regulations by Amendment 14 in 2018.
On April 10, 2023, the U.S. DOE published a final rule amending its testing standard for ceiling fan light kits to update references to industry standards and to revise definitions to clarify the scope for these products.
The U.S. testing standard updates would typically have been automatically integrated into the Regulations which incorporate that standard by ambulatory reference. However, the U.S. DOE also changed their paragraph structure such that the Regulations now point to an outdated version of the U.S. standard.
These changes, which came into force on October 10, 2023, have created an outdated reference in the Regulations requiring NRCan to take minor corrective action to fix the issue.
In 2017, amendments to the Energy Efficiency Act gave the federal government more tools and greater flexibility to facilitate the harmonization with other jurisdictions’ energy efficiency standards, testing standards, and prescribed information. One of the new tools provided the Minister with the authority to amend the Regulations to maintain harmonization with another jurisdiction.
This was followed by the publication of Amendment 17 in 2022, which specified ceiling fan light kits in section 11.1 of the Regulations because it had requirements that were harmonized with the United States, including the testing standard which is being updated by this amendment. Amendment 17 allowed the Minister to exercise ministerial regulations authority in the future, to maintain harmonization with the United States for ceiling fan light kits.
This ministerial amendment, entitled Regulations Amending the Energy Efficiency Regulations, 2016 (MA 1), is the first amendment made to the Regulations using the ministerial authority in order to maintain harmonization in a faster and more efficient manner.
Objective
The main objective of this amendment is to ensure that previously established harmonization is maintained to avoid trade issues and ensure that planned energy savings happen.
Description
To maintain harmonization of regulatory requirements with the U.S. DOE, NRCan has made the following changes to the Regulations, which came into force upon registration of this amendment:
Scope and definition
Replaced the definition for “integrated solid-state lighting circuitry” with the revised U.S. definition for solid-state lighting “non-consumer-replaceable solid-state lighting”.
Testing standards
Updated the outdated identifier of the incorporation by reference from 10 C.F.R. §430.23(x)(2) to 10 C.F.R. §430.23(x)(1) to maintain harmonization with the updated testing standard of the U.S.
Reporting
Updated the information requirements to reflect the updated reference to the testing standard and revised definition.
Consultation
Stakeholders were informed of the changes being considered and the plan to publish directly in the Canada Gazette, Part II, to allow a timely correction of a reference to a document incorporated by reference. They were provided opportunities to comment at several points described below and are generally supportive of timely regulatory actions to maintain harmonization.
Groups that were informed include, but are not limited to, manufacturers, distributors, importers, retailers, National Indigenous Organizations, including Inuit Tapiriit Kanatami, Assembly of First Nations, and the Metis National Council, as well as Indigenous technical organizations (organizations offering scientific expertise with the intent of supporting the interests of Indigenous communities), industry associations, provincial, territorial, federal and international governments, energy utilities, certification bodies, custom brokers, consumer associations, contractors, builders, energy efficiency advocates and non-governmental organizations, and other interested stakeholders who have signed to NRCan’s mailing list.
Activities undertaken
The key activities used to communicate details, and to gather comments from the stakeholder community about the amendment and the policy of harmonization for ceiling fan light kits are outlined in chronological order below.
- NRCan received no comment during the Canada Gazette, Part I, comment period of Amendment 14 in 2018 about the incorporation in the Regulations of the U.S. standard by ambulatory reference.
- NRCan received no opposition during the Canada Gazette, Part I, comment period, nor since final publication in the Canada Gazette, Part II (published December 21, 2022), of Amendment 17, which specified ceiling fan light kits under section 11.1 of the Regulations, for future use under the ministerial regulations authority.
- Forward Regulatory Plan: The plan was updated on April 1, and again on October 10, 2023, indicating intentions to maintain harmonization for ceiling fan light kits via ministerial regulations.
- Mailout/Website Update: A targeted mailout to roughly 6 000 stakeholders was sent on October 10, 2023, communicating the intention to use ministerial regulations to address this issue, and publish directly in the Canada Gazette, Part II, because the update would not impact consumers or end users, change energy efficiency standards nor impose new requirements. No comments were received.
Indigenous engagement
NRCan has the desire to better understand how the Energy Efficiency Regulations impact Indigenous peoples/communities/other partners. Since Fall 2022, NRCan has participated in events such as the Inuit Clean Energy workshop (hosted by Inuit Tapiriit Kanatami) and the Assembly of First Nations Asset Management Conference. NRCan has participated in meetings with the Métis National Council and Inuit Tapiriit Kanatami and has sent emails to all National Indigenous Organizations asking whether their respective communities would be interested in providing feedback on how we regulate energy-using products to save energy and money. Additionally, updates and information about the Energy Efficiency Regulations and upcoming amendments have been shared with modern treaty and self-government agreement holders via email.
Regulatory analysis
This amendment does not impact consumers or end users, change energy efficiency standards or impose new requirements, nor does it produce new costs or benefits that have not been captured by previous amendments to the Regulations. Without these impacts, the following analysis and lenses that are usually assessed when amending the Regulations were not undertaken:
- Benefits and costs
- One-for-one rule
- Small business lens
- Gender-based analysis plus
- Strategic environmental assessment
Implementation, compliance and enforcement, and service standards
Ceiling fan light kit manufacturers and importers must comply with the requirements of the Energy Efficiency Act and the Regulations. NRCan monitors the submissions of manufacturers and importers by reviewing their energy efficiency and testing documentation. Any person or company that contravenes a provision of the Energy Efficiency Act or the Regulations is guilty of an offence, and liable to the applicable penalty set out in the Act. Manufacturers must comply with the requirements that were incorporated by reference in Amendment 14 (2018. SOR/2018-201) and updated with this amendment.
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: EEregulations-reglementEE@nrcan-rncan.gc.ca