Proposal to amend O.Reg. 404/12 (Energy and Water Efficiency – Appliances and Products) under the Green Energy Act, 2009 (“Efficiency Regulation”).

Description of regulation

The proposed regulatory changes, if passed, would set or update test methods, scope and/or efficiency requirements for 15 products in the manner outlined below:

A. Set test method, scope and/or efficiency requirements for five (5) new products: dedicated purpose pool pumps, residential electric steam boilers, uninterruptible power supplies, air compressors and portable air conditioners.

Specifics about the proposed requirements for the five new products are set out below:

1. Dedicated purpose pool pumps: The proposed amendment would set and harmonize, using rolling incorporation, the test method, scope, and efficiency requirements with the corresponding requirements that will come into force on July 19, 2021 under the United States Department of Energy’s (U.S. DOE) existing Code of Federal Regulations (DOE Regulation). Ontario’s proposed compliance date is July 19, 2021.
2. Residential electric steam boilers: The proposed amendment would set and harmonize, using rolling incorporation, the test method, scope and efficiency requirements with the corresponding requirements that will come into force on January 15, 2021 under the DOE Regulation. Ontario’s proposed compliance date is January 15, 2021.
3. Uninterruptible power supplies: The proposed amendment would set and align: 1) the scope, efficiency requirements and compliance date with the corresponding requirements of U.S. DOE’s Final Rule pertaining to Energy Conservation Standards for Uninterruptible Power Supplies published on December 28, 2016; and, 2) the test method with corresponding requirements that are published in the DOE Regulation. The proposed amendment would use rolling incorporation with the DOE Regulation for this product if the requirements are published in the U.S. Federal Register prior to finalizing the proposed amendment.
4. Air compressors: The proposed amendment would set and align the test method, scope, efficiency requirements and compliance date with the corresponding requirements that are published in U.S. DOE’s Final Rules pertaining to Energy Conservation Standards for Compressors published on December 5, 2016 and Test Procedures for Compressors published on January 4, 2017. The proposed amendment would use rolling incorporation with the DOE Regulation for this product if the requirements are published in the U.S. Federal Register prior to finalizing the proposed amendment.
5. Portable air conditioners: The proposed amendment would set and align: 1) the scope, efficiency requirements and compliance date with the corresponding requirements that are published in U.S. DOE’s Final Rule pertaining to Energy Conservation Standards for Portable Air Conditioners published on December 28, 2016; and, 2) the test method with corresponding requirements that are published in the DOE Regulation. The proposed amendment would use rolling incorporation with the DOE Regulation for this product if the requirements are published in the U.S. Federal Register prior to finalizing the proposed amendment.

B. Update test method, scope and/or energy efficiency requirements for eight (8) existing products, to harmonize or align with existing requirements in the DOE Regulation and/or NRCan’s proposals for the federal energy efficiency regulation: liquid-filled distribution transformers, ceiling fan (air flow), ceiling fan lighting kits, miscellaneous refrigeration products (e.g. wine chillers), single package vertical air conditioners and heat pumps, small air conditioners, heat pumps and internal water-loop heat pumps and variable refrigerant flow water-source heat pumps.

Specifics about the proposed updates for the eight products are set out below:

1. Liquid-filled distribution transformers: The proposed amendment would harmonize, using rolling incorporation, the test method, scope and efficiency requirements with the corresponding requirements that came into force on January 1, 2016 under the DOE Regulation. Ontario’s proposed compliance date is January 1, 2019.
2. Ceiling fan, air flow: The proposed amendment would harmonize, using rolling incorporation, the test method, scope and efficiency requirements with the corresponding requirements that will come into force on January 21, 2020 under the DOE Regulation. Ontario’s proposed compliance date is January 21, 2020.
3. Ceiling fan lighting kits (CFLK): The proposed amendment would align the test method, scope and efficiency requirements for CFLKs that are packaged with lamps to fill all sockets, including CFLKs with integrated solid state lighting, with the corresponding requirements that will come into force on January 7, 2019 under the DOE Regulation. The amendment would also create a separate category for this product. Ontario’s proposed compliance date is January 7, 2019.
4. Miscellaneous refrigeration products (e.g. wine chillers): The proposed amendment would harmonize, using rolling incorporation, the test method, scope and efficiency requirements with the corresponding requirements that will come into force on October 28, 2019 under the DOE Regulation. Ontario’s proposed compliance date is October 28, 2019.
5. Single package vertical air conditioners and heat pumps: The proposed amendment would update the test method, scope and efficiency requirements to align with the corresponding requirements under the DOE Regulation, and create a separate category for this product. Ontario’s proposed compliance date is September 23, 2019 for units less than 19 kW, and January 1, 2019 or units 19 kW or greater and less than 70 kW.
6. Small air conditioners and heat pumps (less than 19kW): The proposed amendment would update efficiency requirements for three-phase air conditioners and heat pumps and air-cooled variable refrigerant flow multi-split units to align with the corresponding requirements under the DOE Regulation, and clarify the scope and test method. Ontario’s proposed compliance date is January 1, 2019.
7. Internal water-loop heat pumps: The proposed amendment would update the test method and efficiency requirements to align with the corresponding requirements under the DOE Regulation and create a separate category for this product. Ontario’s proposed compliance date is January 1, 2019.
8. Variable refrigerant flow (VRF) water-source heat pumps: The proposed amendment would update the test method and efficiency requirements to align with the corresponding requirements under the DOE Regulation and create a separate category for this product. Ontario’s proposed compliance date is January 1, 2019.

C. Update test method, scope and energy efficiency requirements for two (2) existing products, to align with updated CSA standards: highmast luminaires and luminaires for roadway and street lighting.

Specifics about the proposed requirements for the two products are set out below:

1. Highmast luminaires: The proposed amendment would update the reference to the most recent edition of CAN/CSA C811-13 Performance of highmast luminaires for roadway lighting and update the scope, test method, and efficiency requirements for this product to include other than high pressure sodium luminaires (e.g. metal halide and LED light source). The proposed compliance date is January 1, 2020.
2. Luminaires for roadway and street lighting (e.g. high pressure sodium cobra head luminaires): The proposed amendment would update the reference to the most recent edition of CAN/CSA C653-13 Photometric performance of roadway and street lighting luminaires, and update the scope, test method and efficiency requirements for this product to include other than high pressure sodium cobra head luminaires (e.g. metal halide, induction and LED light sources, and shoe box luminaires). The proposed compliance date is January 1, 2020.

D. Make changes to the regulation to better align and clarify harmonization intent for certain products with no changes to minimum energy performance standards, and to update references to most recent editions of referenced standards with no intention to affect minimum energy performance standards:

1. Large air conditioners and heat pumps (19kW or greater): The proposed amendment would clarify scope and align product categories with the DOE Regulation and NRCan’s proposed amendment 14 for this product. Single package vertical air conditioners and heat pumps would be removed from the scope and regulated as a stand-alone product with updated efficiency requirements (see B5 above).
2. Water chillers: The proposed amendment would replace the table in the regulation with a reference to Table 6.8.1-3 of ASHRAE 90.1-2013 Energy Standard for Buildings Except Low-Rise Residential Buildings, to better reflect alignment of the existing efficiency requirements. It would update test method to allow for test methods referenced in ASHRAE 90.1-2013 in addition to the existing CSA test standard.
3. Revised standards that require update: Reference to the following standards are proposed to be updated to reference a more recent edition of the standard:
   • IES LM-45-00 replaced with IES LM-45-15
   • ANSI C81.61-2009 replaced with ANSI C81.61-2017
   • CAN/CSA C802.3-01 replaced with CAN/CSA C802.3-15

In this document, rolling incorporation of the DOE Regulation means using the applicable test method, scope or efficiency requirement in the DOE Regulation that is in force on the date the specified product or appliance is manufactured. For greater clarity, the existing rules in sections 2.1 to 2.6 of the Efficiency Regulation would continue to apply.

In this document, compliance date means that the proposed test method or efficiency standard would apply to the specified product or appliance if it is manufactured on or after that date.

Purpose of regulation

The purpose of the proposed amendments is to:

1. Set or update test methods and/or efficiency requirements for certain prescribed energy products in order to encourage energy efficiency and to reduce the energy consumption and GHG emissions of these products.
2. Further harmonize Ontario’s requirements with DOE Regulation and NRCan’s proposed amendments to mitigate regulatory barriers for stakeholders.

The proposed amendment, if passed, would continue the Efficiency Regulation’s goal of reducing the environmental impact of energy use and encouraging energy conservation by increasing the efficiency of products sold or leased in Ontario, thus reducing the consumption of fossil fuels and the release of pollutants to the environment. The proposed amendment would update the Efficiency Regulation with new or enhanced minimum efficiency standards and/or test methods for 15 products, harmonizing Ontario’s requirements with the highest available minimum efficiency standards in North America.

Other information

Many of the proposed test methods and efficiency requirements are being proposed to be harmonized with the U.S. DOE’s test methods and requirements. The U.S. DOE holds extensive consultations and detailed reviews of their proposed standards.

Test methods and energy efficiency requirements adopted from national standards developed by the Canadian Standards Association use the consensus-based standards development process accredited by the Standards Council of Canada. Technical committees developing these requirements are composed of representatives from manufacturers, utilities, retailers, consumer groups, and the federal and provincial governments, including the Ministry of Energy. Part of the national standards development process involves obtaining public input on each standard during a 60 day public review period. This may also involve direct participation of numerous consumer advisory panels across the country in the development of the standards. Prior to publication, pending standards announcements and notifications of published standards are distributed to numerous libraries, colleges, universities, consumer groups and environmental organizations across the country.

Public consultation

This proposal was posted for a 45 day public review and comment period starting June 18, 2017. Comments were to be received by August 02, 2017.

All comments received during the comment period are being considered as part of the decision-making process by the Ministry.

Please Note: All comments and submissions received have become part of the public record.