Proposal to amend O. Reg. 509/18 under the Electricity Act, 1998 (“Efficiency Regulation”)

ERO number
019-7341
Notice type
Regulation
Posted by
Ministry of Energy
Notice stage
Decision
Decision posted
Comment period
July 10, 2023 - August 24, 2023 (45 days) Closed
Last updated

This consultation was open from:
July 10, 2023
to August 24, 2023

Decision summary

On November 23, 2023, an amendment to O.Reg. 509/18, made under the Electricity Act, 1998 was filed to introduce rolling incorporation of Ontario’s efficiency standards with Natural Resources Canada (NRCan) efficiency standards for 24 space and water heating products regulated by Ontario and NRCan.

Decision details

The Ministry of Energy (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 45-day public review period between July 10, 2023, and August 24, 2023. The proposal was to introduce rolling incorporation by reference to the federal Energy Efficiency Regulations made under Canada’s Energy Efficiency Act (NRCan standards) for the following 24 space and water heating products regulated by Ontario and NRCan.

A regulatory amendment was filed on November 23, 2023, and will come into effect on January 1, 2024. The amendment introduces rolling incorporation of Natural Resources Canada (NRCan) efficiency standards for 24 space and water heating products and makes changes to the Regulation of a housekeeping nature.

The amendment Introduced full rolling incorporation with NRCan for 24 space and water heating products that are already harmonized with current NRCan requirements to ensure Ontario’s requirements would be updated automatically when NRCan changes/updates their standards.  These changes will come into force for products manufactured on or after January 1, 2025. Affected products include:

  1. Water heater, oil-fired, tank-type, ≤30.5 kW (105,000 Btu/h)
  2. Water heater, gas-fired, storage, ≤22 kW (75,000 Btu/h)
  3. Water heater, gas, tank-type, >22 kW (75,000 Btu/h), residential duty
  4. Water heater, gas-fired, storage, >22 kW (75,000 Btu/h), tank volume >530 L (140 US gallons)
  5. Water heater, gas, tank-type, >22 kW (75,000 Btu/h), other than residential duty
  6. Water heater, gas, instantaneous, <58.56 kW (200,000 Btu/h)
  7. Water heater, electric, storage, input rating >12 kW
  8. Water heater, oil-fired, storage, >30.5 kW (105,000 Btu/h), residential-duty
  9. Water heater, oil-fired, storage, >30.5 kW (105,000 Btu/h), non-residential duty
  10. Water heater, oil-fired, storage, >30.5 kW (105,000 Btu/h), and >530 L
  11. Boiler, gas-fired, <88 kW (300,000 Btu/h)
  12. Boiler, gas-fired, ≥88 kW (300,000 Btu/h) and ≤732 kW (2,500,000 Btu/h)
  13. Boiler, gas-fired, >732 kW (2,500,000 Btu/h)
  14. Boiler, oil-fired, <88 kW (300,000 Btu/h)
  15. Boiler, oil-fired, ≥88 kW (300,000 Btu/h) and ≤732 kW (2,500,000 Btu/h)
  16. Boiler, oil-fired, >732 kW (2,500,000 Btu/h) and ≤2,930 kW (10,000,000 Btu/h)
  17. Boiler, electric, hot water, <88 kW (300,000 Btu/h)
  18. Fireplace, gas, vented
  19. Unit heater, gas-fired
  20. Furnace, gas-fired, <65.92 kW (225,000 Btu/h)
  21. Water heater, gas, instantaneous, ≥58.56 kW (200,000 Btu/h)
  22. Water heater, electric, storage, 50–454 L, input rating ≤12 kW
  23. Furnace, oil-fired, ≤65.92 kW (225,000 Btu/h)
  24. Furnace, electric, <66 kW (225,000 Btu/h), single phase

The amendment also ​included housekeeping changes to O.Reg. 509/18, including an update to referenced standards clarifying the intended implementation of a rolling reference to Canadian Standards Association (CSA) standard for liquid-filled transformers. This administrative change clarified that transformers manufacturers are expected to meet the current CSA standard for products manufactured by December 31, 2023 and the new CSA standard (expected to be published in December 2023) twelve months after the date the standard is published for products manufactured on or after January 1, 2024.

 

The amendment takes effect on January 1, 2024.

 

This amendment updates Ontario’s energy efficiency regulation to automatically align Ontario efficiency standards for space and water heating equipment with NRCan now and in future, providing certainty and reducing burdens for manufacturers, cutting greenhouse gas emissions, making the province more appealing for further business growth, and clearly identifying products for which Ontario will keep full alignment/harmonization with NRCan’s requirements. 

This amendment does not introduce new compliance or administrative costs (e.g. new testing) since the products affected are already harmonized and regulated in Ontario and by NRCan.

Comments received

Through the registry

3

By email

3

By mail

0
View comments submitted through the registry

Effects of consultation

The Ministry received three comments/submissions through the ERO from six respondents/stakeholders (one individual submission and two joint submissions). Respondents included two manufacturers of products affected by the proposal and three industry associations. All comments received were given full consideration by the Ministry. Feedback was generally supportive of the proposed changes and the proposal has been adopted in the regulation with no change. Comments are available for public viewing through the contact person listed in this notice.

The following is a summary of comments received:

Gas Furnaces & Fireplaces

One comment from an Ontario manufacturer stated that they appreciated the benefits of harmonization but have expressed concerns regarding Ontario’s ability to make changes and provide flexibility to Ontario manufacturers, when needed to address urgent issues or under extreme circumstances such as supply chain issues on a short notice.

​The Ministry fully considered this comment confirming that Ontario will continue to have the authority to propose and make further changes to O. Reg. 509/18 if and when needed to provide flexibility to affected manufacturers/stakeholders.

Water Heating Products

​A North American manufacturer, representing two manufacturers of water heaters, expressed support for Ontario’s proposal to adopt rolling incorporation of NRCan standards as it would provide clarity for manufacturers and in the absence of alignment within Canada, their company anticipates major disruptions.

​Space and Water Heating Products

​​Three industry associations applauded the ministry’s move towards harmonization with NRCan and look forward to working closely with the ministry to achieve harmonization of efficiency standards across Canada.

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.

Ministry of Energy, Conservation and Renewable Energy Division
Address

77 Grenville Street, 5th floor
Toronto, ON
M7A 2C1
Canada

Connect with us

Contact

Amanda Fishman, Senior Advisor

Office
Ontario Ministry of Energy, Conservation and Renewable Energy Division
Address

77 Grenville Street
Toronto, ON
M7A 2C1
Canada

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Original proposal

ERO number
019-7341
Notice type
Regulation
Posted by
Ministry of Energy
Proposal posted

Comment period

July 10, 2023 - August 24, 2023 (45 days)

Proposal details

Through the rolling incorporation approach, the proposed amendments would allow for automated updates to the Efficiency Regulation whenever NRCan revises or updates their standards for these products. These changes are administrative in nature and would only result in updates to existing efficiency levels when NRCan changes/updates their standards.

The proposed amendments would fully harmonize requirements and efficiency metrics for 24 space and water heating products with NRCan through rolling incorporation. Rolling incorporation would update product scope, test standards and efficiency requirements of these products automatically if, and when changes/updates are made in NRCan’s regulation. The proposed amendments would:

  1. Introduce full rolling incorporation with NRCan for 19 space and water heating products that are fully harmonized with current NRCan requirements (test method, scope and efficiency requirements), and ensure Ontario’s requirements would update automatically when NRCan changes/updates their standards. The proposed compliance date for these changes to come into force is January 1, 2025. Affected products include:
    1. Water heater, oil-fired, tank-type, 30.5 kW (105,000 Btu/h)
    2. Water heater, gas-fired, storage, 22 kW (75,000 Btu/h)
    3. Water heater, gas, tank-type, >22 kW (75,000 Btu/h), residential duty
    4. Water heater, gas-fired, storage, >22 kW (75,000 Btu/h), tank volume >530 L (140 US gallons)
    5. Water heater, gas, tank-type, >22 kW (75,000 Btu/h), other than residential duty
    6. Water heater, gas, instantaneous, <58.56 kW (200,000 Btu/h)
    7. Water heater, electric, storage, input rating >12 kW
    8. Water heater, oil-fired, storage, >30.5 kW (105,000 Btu/h), residential-duty
    9. Water heater, oil-fired, storage, >30.5 kW (105,000 Btu/h), non-residential duty
    10. Water heater, oil-fired, storage, >30.5 kW (105,000 Btu/h), and >530 L
    11. Boiler, gas-fired, <88 kW (300,000 Btu/h)
    12. Boiler, gas-fired, 88 kW (300,000 Btu/h) and 732 kW (2,500,000 Btu/h)
    13. Boiler, gas-fired, >732 kW (2,500,000 Btu/h)
    14. Boiler, oil-fired, <88 kW (300,000 Btu/h)
    15. Boiler, oil-fired, 88 kW (300,000 Btu/h) and 732 kW (2,500,000 Btu/h)
    16. Boiler, oil-fired, >732 kW (2,500,000 Btu/h) and 2,930 kW (10,000,000 Btu/h)
    17. Boiler, electric, hot water, <88 kW (300,000 Btu/h)
    18. Fireplace, gas, vented
    19. Unit heater, gas-fired

  2. Update the scope of application and any minor differences in requirements for five products currently regulated by Ontario and NRCan, to fully harmonize these products with NRCan through rolling incorporation. These products are already harmonized for test method and efficiency requirements with current NRCan requirements. The proposed compliance date for these changes to come into force is January 1, 2025. Affected products include:
    1. Furnace, gas-fired, <65.92 kW (225,000 Btu/h)
    2. Water heater, gas, instantaneous, 58.56 kW (200,000 Btu/h)
    3. Water heater, electric, storage, 50–454 L, input rating 12 kW
    4. Furnace, oil-fired, 65.92 kW (225,000 Btu/h)
    5. Furnace, electric, <66 kW (225,000 Btu/h), single phase

  3. Make housekeeping changes to the Efficiency Regulation. These changes could update references to include the most relevant or most recent editions of test standards for products with no changes to the existing efficiency requirements, or update/clarify product names.

Environmental Impact

No energy or environmental impacts are expected from these changes as proposed updates do not change minimum efficiency requirements at this time, however proposed updates may lead to energy savings and reduce greenhouse gas (GHG) emissions in future whenever NRCan changes/updates their standards. The proposed changes are administrative in nature and are intended to demonstrate Ontario’s commitment to harmonize and stay harmonized with NRCan for the affected space and water heating products.

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.

Ministry of Energy, Conservation and Renewable Energy Division
Address

77 Grenville Street, 5th floor
Toronto, ON
M7A 2C1
Canada

Comment

Commenting is now closed.

This consultation was open from July 10, 2023
to August 24, 2023

Connect with us

Contact

Amanda Fishman, Senior Advisor

Office
Ontario Ministry of Energy, Conservation and Renewable Energy Division
Address

77 Grenville Street
Toronto, ON
M7A 2C1
Canada