Proposal to amend energy performance standards

ERO number
019-0924
Notice type
Regulation
Posted by
Ministry of Energy, Northern Development and Mines
Transferred to
Ministry of Energy
Notice stage
Decision
Decision posted
Comment period
November 19, 2019 - January 17, 2020 (59 days) Closed
Last updated

There is no requirement to post this notice on the Environmental Registry of Ontario, but we wanted to hear your thoughts. Thank you for your feedback.

This consultation was open from:
November 19, 2019
to January 17, 2020

Decision summary

On June 25, 2020, O.Reg. 509/18, made under the Electricity Act, 1998  was amended to harmonize Ontario’s efficiency standards for nine products with Natural Resources Canada, and to increase efficiency requirements for one product to align with Ontario Building Code minimum requirements.

Decision details

Proposal

The Ministry of Energy, Northern Development and Mines (the “Ministry”) posted a proposal to amend O.Reg. 509/18, Energy and Water Efficiency – Appliances and Products (the “Regulation”), made under the Electricity Act, 1998 on the Environmental Registry of Ontario (ERO) and the Regulatory Registry for a 59-day public review period between November 19, 2019 and January 17, 2020. The proposal was to harmonize the Regulation with federal efficiency requirements set by Natural Resources Canada (NRCan) for nine fuel-burning products,and increase existing efficiency requirements for residential windows to harmonize with Ontario Building Code minimum requirements. More specifically, the proposed amendment was intended to:

  • Add one new product (commercial oil storage water heaters) to the regulation, and harmonize with NRCan and U.S. Department of Energy (DOE) standards;
  • Harmonize eight products (residential and commercial gas-fired instantaneous water heaters, commercial gas-fired storage water heaters, commercial gas-fired boilers, commercial oil-fired boilers, residential gas boilers, gas fireplaces and residential gas furnaces) with NRCan standards; and<
  • Increase efficiency requirements for residential windows to harmonize with Ontario Building Code minimum requirements.

Regulation Changes

The amendment came into effect on July 1, 2020. The amendment sets or updates test methods, scope and/or efficiency requirements for ten products and makes changes to the regulation of a housekeeping nature (e.g. updating references to out-of-date standards). New requirements for individual products take effect on different dates and would start anywhere from July 1, 2020 to January 1, 2025, depending on the product. All new or updated efficiency requirements apply only to new products manufactured on or after the product’s specified effective date, and do not affect products that are already installed or that were manufactured previously.

Comments received

Through the registry

6

By email

0

By mail

2
View comments submitted through the registry

Effects of consultation

General

The Ministry received eight comments on the proposal, six through the ERO and two by email. Respondents included manufacturers, industry associations, a utility and a municipality. Comments are available for public viewing through the contact person listed in this notice. All comments received were given full consideration by the Ministry.

Comments were generally supportive of the Ministry’s efforts to harmonize with NRCan. Manufacturer associations for both windows and fuel-burning products (boilers, furnaces, fireplaces) submitted comments but did not express any concerns regarding proposed minimum efficiency levels. However, comments on commercial gas boilers and water heaters raised concerns that have been addressed by NRCan following similar comments during their recent amendment process to update these products.  Comments received on residential windows supported the proposed change to the minimum efficiency level, but expressed concern about the ministry’s lack of enforcement of these requirements. The Ministry did not receive any comments on the proposed updates to out-of-date standards and product scopes referenced in the Regulation.

Commercial Boilers

While Ontario’s new and updated efficiency standards are applied on a go-forward basis only, comments submitted on commercial boilers raised concerns about retrofit costs that could be required in some cases in order to replace non-condensing commercial (≥88 kW) gas boilers with condensing boilers. These concerns had also been raised with NRCan when NRCan proposed the same requirement. NRCan proceeded with the amendment and provided a clear explanation for its decision in its final Canada Gazette posting for Amendment 15.

The Ministry considered the concerns raised and NRCan's response, and determined that overall, the net benefits of harmonizing with NRCan's commercial gas boiler standard outweigh the potential costs identified. The Ministry proceeded with the amendment as proposed in the original ERO proposal posting.

The Ministry received comments recommending harmonizing the scope of large commercial boilers (both gas- and oil-fired, >732 kW) with NRCan’s scope, since Ontario currently has no upper limit for these products while NRCan does. The Ministry agreed with this view and limited the regulation’s scope for both types of commercial boiler by limiting the regulated scope to 2,930 kW (10 million Btu/hr) or less to harmonize with NRCan.

Water Heaters

A clarification was requested on whether regulated gas-fired instantaneous water heaters were meant to be limited to “flow-activated” appliances only. The Ministry added this language to the scope for this product (both residential and commercial sizes) for clarity and to ensure harmonization with NRCan.

A discrepancy between Ontario’s and NRCan's metric version of standby loss equations used for commercial gas- and oil-fired storage water heaters was noted. The Ministry confirmed that its version is the correct metric conversion of the DOE equation that NRCan and Ontario intend to harmonize with. The proposed equations were not changed because NRCan also noted that they would correct this in their regulation and align with Ontario.

One comment noted that the proposed use of measured tank volume instead of rated volume in equations for commercial gas- and oil-fired water heater requirements is harmonized with NRCan but not with DOE. The Ministry intentionally aligned requirements for this product with NRCan in order to reduce trade barriers and ensure consistent standards within Canada.

Windows

Comments on windows did not raise any concerns about the ability of industry to meet the proposed efficiency levels. However, they did raise concerns about enforcement, alignment with the Ontario Building Code, and potential consequences of allowing Energy Rating as an alternative to U-factor as a compliance method.

The Ministry confirmed that the proposed efficiency levels are aligned with the Ontario Building Code, including the option to use Energy Rating as an alternative to U-factor to demonstrate compliance, and determined on this basis that no changes were required to the proposal. Enforcement is outside the scope of the Regulation and therefore could not be addressed through a regulatory amendment.

 

Connect with us

Contact

Andrew Howse

Phone number
Office
Ministry of Energy, Northern Development and Mines, Conservation and Renewable Energy Division
Address

77 Grenville St.
5th Floor
Toronto, ON
M7A 2C1
Canada

Sign up for notifications

We will send you email notifications with any updates related to this consultation. You can change your notification preferences anytime by visiting settings in your profile page.

Follow this notice

Original proposal

ERO number
019-0924
Notice type
Regulation
Posted by
Ministry of Energy, Northern Development and Mines
Proposal posted

Comment period

November 19, 2019 - January 17, 2020 (59 days)

Why consultation isn't required

Not required under the Electricity Act, 1998

Proposal details

The proposed amendments, if approved, would set or update test methods, scope and/or efficiency requirements for 10 products in the manner outlined below:

  1. Set test method, scope and/or efficiency requirements for one new product, commercial oil-fired storage water heaters, to harmonize with the United States Department of Energy (DOE) and NRCan requirements for this product.
     
    • Commercial oil-fired storage water heaters (water heater, oil-fired, tank-type, with an input rating of more than 30.5 kW (105,000 Btu/h)): Set and harmonize scope, test method and efficiency requirements with NRCan’s requirements for this product that will come into force on January 1, 2020 under SOR/2019-164 and with the DOE requirements currently in effect. The update would include creating two separate product categories to align with NRCan’s and DOE’s approach to distinguish “residential duty” commercial water heaters from other commercial water heaters. Ontario’s proposed compliance date would be July 1, 2020.
       
  2. Update scope, test method, and/or efficiency requirements for nine existing products to harmonize with NRCan or OBC: commercial gas-fired storage water heaters, residential gas-fired instantaneous water heaters, commercial gas-fired instantaneous water heaters, residential gas-fired furnaces, residential gas-fired boilers, commercial gas-fired boilers, commercial oil-fired boilers, gas fireplaces and residential windows.
     
    • Commercial gas fired storage water heaters (water heater, gas-fired, tank-type, with an input rating of more than 22 kW (75,000 Btu/h)): Update and harmonize test method and efficiency requirements with NRCan’s requirements for this product that will come into force on July 1, 2023 under SOR/2019-164. The update would include separating this product into two categories, with different test methods and efficiency requirements, to align with NRCan’s and DOE’s approach distinguishing “residential duty” commercial water heaters from other commercial water heaters. Ontario’s proposed compliance date would be July 1, 2023, aligned with NRCan
       
    • Residential gas-fired instantaneous water heaters (water heater, gas-fired, instantaneous, with an input rating of less than 73 kW (250,000 Btu/h)): Update and harmonize scope, test method and efficiency requirements with NRCan’s requirements for this product that will come into force on January 1, 2020 under SOR/2019-164. The update would include fully aligning the input rating range for this product category with NRCan and DOE. Ontario’s proposed compliance date would be July 1, 2020.
       
    • Commercial gas-fired instantaneous water heaters (water heater, gas-fired, instantaneous, with an input rating of 73 kW (250,000 Btu/h) or more): Update and harmonize scope, test method and efficiency requirements with NRCan’s requirements for this product that will come into force on July 1, 2023 under SOR/2019-164. The update would include fully aligning test methods and the input rating range with NRCan and DOE requirements for this product. Ontario’s proposed compliance date is July 1, 2023, aligned with NRCan. Ontario’s proposed compliance date for updates to the scope (to align inputs in kW for this product with NRCan and DOE) would be July 1, 2020.
       
    • Residential gas-fired furnaces (furnace, gas-fired, with an input of less than 65.92 kW (225,000 Btu/h)): Update and harmonize efficiency requirements NRCan’s requirements for this product that will come into force on December 12, 2019 and January 1, 2024 (for through-the-wall furnace fan efficiency (FER) requirements) under SOR/2019-164. Ontario’s proposed compliance dates would be July 1, 2020 and January 1, 2024 (for through-the-wall furnace fan requirements).
       
    • Residential gas-fired boilers (boiler, gas-fired, with an input of less than 88 kW (300,000 Btu/h)): Update and harmonize efficiency requirements with NRCan’s requirements for this product that will come into force on July 1, 2023 under SOR/2019-164. Ontario’s proposed compliance date would be July 1, 2023, aligned with NRCan.
       
    • Commercial gas-fired boilers (boiler, gas-fired, with an input of at least 88 kW (300,000 Btu/h)): Update and harmonize scope, test method and efficiency requirements for two product categories in O.Reg. 509/18 (gas boilers with an input of at least 88 kW but less than 732 kW, and gas boilers with an input of at least 732 kW) with NRCan’s requirements for this product that will come into force on January 1, 2025 under SOR/2019-164. Ontario’s proposed compliance date would be January 1, 2025, aligned with NRCan.
       
    • Commercial oil-fired boilers (boiler, oil-fired, with an input of more than 88 kW (300,000 Btu/h)): Update and harmonize scope, test method and efficiency requirements for two product categories in O.Reg. 509/18 (oil boilers with an input of more than 88 kW but not more than 732 kW, and oil boilers with an input greater than 732 kW) with NRCan’s requirements for this product that will come into force on January 1, 2025 under SOR/2019-164. Ontario’s proposed compliance date would be January 1, 2025, aligned with NRCan.
       
    • Gas fireplaces (fireplace, gas, vented (including fireplace heaters and fireplace inserts)): Update and harmonize efficiency requirements for vented fireplace heaters with NRCan’s requirements for this product that will come into force on January 1, 2020 under SOR/2019-164. Ontario’s proposed compliance date is January 1, 2021.
       
    • Residential windows (window, intended for low-rise residential building): Update efficiency requirements for windows in small residential buildings to a maximum U-factor of 1.6 or a minimum energy factor of 25 to align with Ontario Building Code minimum standards and proposed updates to British Columbia’s efficiency regulation. Ontario’s proposed compliance date is January 1, 2022.
       
  3. Make changes to the regulation of a housekeeping nature. These changes could clarify the scope and/or requirements for some products, or update references to include the most relevant or most recent editions of test standards for products with no changes to the existing efficiency requirements. Editorial updates would also include changes to input ratings for residential oil-fired boilers: the input rate for this product will be changed from “not more than 88 kW” to “less than 88 kW” as of January 1, 2025 to align with proposed updates to commercial oil boilers.

Environmental Impact

The proposed changes would result in increasing the MEPS for each of these products, thereby reducing energy use and GHG emissions in the province.

Based on NRCan’s analysis of the changes that Ontario is proposing to harmonize with, the national environmental impact would be a reduction of 14.9 megatons of GHG emissions and 304 petajoules of energy savings cumulative to 2040. Scaled to Ontario’s population, this would amount to approximately 5.7 megatons of GHG emissions and 116 petajoules of energy savings.

Additional savings could also be expected from changes to standards for residential windows (not included in the above figure). British Columbia estimates that a comparable change to its windows standards will generate 240 terajoules in energy savings and 12,400 tons of GHG emissions reductions annually by 2030 in that market.

Summary

Based on analysis by NRCan, Ontario’s proposed changes to harmonize with NRCan would save Ontario consumers money on energy costs, reduce GHG emissions, and reduce red tape for manufacturers. NRCan’s analysis found a net savings of $2.7 billion nationally (cumulative to 2040) in energy costs and avoided GHG damages from these changes. Additional savings are expected from changes to standards for residential windows (not included in the above figure): British Columbia estimates that a comparable change to its windows standards will generate $40 million in savings annually by 2030 in that market. The Ministry is conducting a survey of windows manufacturers in the province to help inform the cost-benefit analysis in Ontario and invites further comment on the anticipated impact of the proposed change to windows standards.

There will be no cost additional impact as a result of Ontario’s proposed amendment for products regulated by NRCan.  These products will have to comply with NRCan’s standards and Ontario is proposing the same standards as NRCan.

The proposed amendments would reduce red tape by harmonizing with NRCan and DOE, supporting a more integrated North American market, and support commitments made in the draft Made-in-Ontario Environment Plan to improve natural gas efficiency, reduce GHG emissions, and ensure Ontario’s energy-efficiency standards for appliances and equipment continue to be among the highest in North America.

Purpose

This proposal would support further harmonization of Ontario’s efficiency standards with NRCan and bring residential windows standards up to minimum levels required by the Ontario Building Code. Harmonization of Ontario’s standards with NRCan reduces red tape for manufacturers and helps ensure that Ontarians have access to a wide range of efficient products.

The proposed amendment would also support reducing the environmental impact of energy use and encouraging energy conservation by increasing the efficiency of regulated products sold or leased in Ontario, thus reducing the consumption of fossil fuels and the release of pollutants to the environment.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Comment

Commenting is now closed.

This consultation was open from November 19, 2019
to January 17, 2020

Connect with us

Contact

Andrew Howse

Phone number
Office
Ministry of Energy, Northern Development and Mines, Conservation and Renewable Energy Division
Address

77 Grenville St.
5th Floor
Toronto, ON
M7A 2C1
Canada