Regulations Amending the Energy Efficiency Regulations, 2016 (MA 2): SOR/2024-286

Canada Gazette, Part II, Volume 159, Number 1

Registration
SOR/2024-286 December 17, 2024

ENERGY EFFICIENCY ACT

The Minister of Natural Resources makes the annexed Regulations Amending the Energy Efficiency Regulations, 2016 (MA 2) under subsection 20.1(2)footnote a of the Energy Efficiency Act footnote b.

Ottawa, December 12, 2024

Jonathan Wilkinson
Minister of Natural Resources

Regulations Amending the Energy Efficiency Regulations, 2016 (MA 2)

Amendments

1 The definition 10 C.F.R. Appendix I in section 65 of the Energy Efficiency Regulations, 2016 footnote 1 is replaced by the following:

10 C.F.R. Appendix I
means Appendix I 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 Microwave Ovens, as amended from time to time. (appendice I 10 C.F.R.)

2 Section 453 of the Regulations is amended by adding the following in alphabetical order:

10 C.F.R. § 431.324
means section 431.324 of Subpart S, Part 431 of Title 10 to the United States Code of Federal Regulations, as amended from time to time. (10 C.F.R. § 431.324)

3 Subsection 455(2) of the Regulations is replaced by the following:

Testing standard

(2) A metal halide lamp ballast complies with the energy efficiency standard if it meets that standard when tested in accordance with testing procedures established by CSA C863-16 or 10 C.F.R. § 431.324 that are applicable to a metal halide lamp ballast as defined in section 453.

4 Section 653 of the Regulations is amended by adding the following in alphabetical order:

10 C.F.R. § 431.134
means section 431.134 of Subpart H, Part 431 of Title 10 to the United States Code of Federal Regulations, as amended from time to time. (10 C.F.R. § 431.134)
5 The portion of item 4 of the table to section 655 of the Regulations in column 2 is replaced by the following:
Item

Column 2

Testing Standard
4 CSA C742-15 or 10 C.F.R. § 431.134

Coming into Force

6 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

The United States Department of Energy (U.S. DOE) revised its testing standards for Metal Halide Lamp Ballasts, Microwave Ovens, and Ice Makers, necessitating Natural Resources Canada (NRCan) to take action to ensure regulatory harmonization. To that end, the Ministerial Authority outlined in section 20.1 of the Energy Efficiency Act is being used to update the Energy Efficiency Regulations, 2016 (the Regulations) for Metal Halide Lamp Ballasts, Microwave Ovens, and Ice Makers.

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 the outdated references, stemming from recent changes in U.S. regulations, to testing standards incorporated by reference for Metal Halide Lamp Ballasts, Microwave Ovens, and Ice Makers.

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 Metal Halide Lamp Ballasts, Microwave Ovens, and Ice Makers in section 11.1 of the Regulations because each product had requirements that were harmonized with the United States. Amendment 17 allowed the Minister to exercise Ministerial Regulations Authority in the future, to maintain harmonization with the United States for Metal Halide Lamp Ballasts, Microwave Ovens, and Ice Makers.

This Ministerial Amendment, entitled Regulations Amending the Energy Efficiency Regulations, 2016 (MA 2), is the second 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 final rules recently published by the U.S. DOE, NRCan has made the following changes to three products in the Regulations, which came into force upon registration of this Amendment:

Ice-Makers — On November 1, 2022, the U.S. DOE published a Final Rule pertaining to ice makers, which updated the testing standard (87 FR 65856). NRCan is adding section 431.134 of Subpart H, Part 431 of Title 10 to the U.S. CFR, as amended from time to time as an alternative testing standard to the currently prescribed CSA C742-15 which was harmonized with the previous version of U.S. testing standards.

Metal Halide Lamp Ballasts — On June 24, 2022, the U.S. DOE published a Final Rule pertaining to metal halide lamp ballasts, which updated the testing standard (86 FR 37069). NRCan is adding section 431.324 of Subpart S, Part 431 of Title 10 of the U.S. Code of Federal Regulations, Uniform test method for the measurement of energy efficiency and standby mode energy consumption of metal halide lamp ballasts, as amended from time to time as an alternative testing standard to the currently prescribed CSA C863-16, 15 of which was harmonized with the previous version of U.S. testing standards.

Microwave Ovens — On August 22, 2022, the U.S. DOE published a Final Rule amending the name of its testing standard pertaining to microwave ovens. The DOE regulatory updates could have been harmonized automatically in the Regulations, as NRCan references the DOE testing standard by name and through incorporation by reference (IBR). However, the DOE updated their appendix to differentiate cook tops from microwave ovens, amending the appendix title accordingly. In doing so Canada’s IBR is no longer accurate, as the reference is to the old title and needs to be updated to match the new title. NRCan is updating the outdated reference to the document 10 C.F.R. Appendix I incorporated by ambulatory reference, to maintain harmonization with the testing standard of the U.S.

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 updating 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 via bilateral meetings facilitated by NRCan’s Nòkwewashk, as well as 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 Metal Halide Lamp Ballasts, Microwave Ovens, and Ice Makers are outlined in chronological order below:

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:

Implementation, compliance and enforcement, and service standards

Metal Halide Lamp Ballast, Microwave Oven, and Ice Maker 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.

Contact

Jamie Hulan
Senior Director
Equipment and Housing Division
Office of Energy Efficiency
Energy Efficiency and Technology Sector
Natural Resources Canada
580 Booth Street
Ottawa, Ontario
K1A 0E4
Telephone: 613‑864‑3644
Email: EEregulations-reglementEE@nrcan-rncan.gc.ca