Forward Regulatory Plan: 2024 to 2026

Enabling Acts

Energy Efficiency Act

Description

The Government of Canada is committed to improving energy efficiency standards for residential commercial, and industrial products to support the Government’s climate change and energy efficiency goals and to reducing regulatory burden through harmonization with the United States, provinces, and territories when possible and appropriate. Improving energy efficiency standards and reducing regulatory burden provides both economic and environmental benefits to Canada.

Implemented in 1995, under the Energy Efficiency Act, the Energy Efficiency Regulations are amended regularly to add or update energy efficiency standards, testing standards, or labelling requirements for energy-using products.

Planned Amendments to the Energy Efficiency Regulations

Between 2024 and 2026, Natural Resources Canada (NRCan) plans to follow through with Amendment 18 and launch new amendments to the Energy Efficiency Regulations while utilizing regulatory tools to facilitate harmonization with other jurisdictions including new Technical Standards Documents and use of ambulatory incorporation by reference of the U.S. Code of Federal Regulations (C.F.R). Please visit the Regulatory Process webpage for more information on these tools and how NRCan intends to use them.

Based on the changes being considered for each energy-using product, and the authorities available for each tool, products will be included in future standard Governor in Council (GIC) or Ministerial amendments. Please find below the current plan for each pathway, understanding that there may be changes along the way, as the regulatory processes progress.

Please note that many of the products already regulated have one or more requirements that are harmonized with the U.S. Department of Energy appliance and equipment standards and have therefore been listed in section 11.1 of the regulations. NRCan closely monitors the actions taken by the U.S. Once the U.S. finalizes new requirements that were previously harmonised in Canada, NRCan conducts an internal review to determine if it makes sense for Canada to maintain alignment. In most cases, stakeholders can expect alignment to be maintained automatically through existing ambulatory incorporation by reference, through the modification of Technical Standards Documents, or by launching a regulatory process (using Ministerial or GIC amendments).

If NRCan were to consider breaking away from an established policy of harmonization in the future for specific requirements, it would require a GIC amendment and stakeholders would be informed via mailout, bulletins, webinars, and formal consultations through publication in Canada Gazette, Part I.

Amendment 18 (Governor in Council)

Update or add energy efficiency and/or testing standards, as described in the technical bulletins released in July 2022, for the following energy-using products:

Updating Currently Regulated Products

• Room air conditioners
• Portable air conditioners
• Central air conditioners (3-phase)
• Central heat pumps (3-phase)
• Large air conditioners
• Large heat pumps
• Electric water heaters (household)
• Gas-fired storage water heaters (household)
• Gas furnaces (commercial)
• Oil-fired water heaters (household)
• General service lamps

Adding New Products

• Air compressors
• Pool pumps
• Showerheads
• Faucets
• Line-voltage thermostats

Energy-using products with a policy of alignment with the U.S. included in Amendment 18 would use one of the following tools:

Ambulatory incorporation by reference of the U.S. C.F.R. for: Faucets, Showerheads, Air compressors, Large air conditioners, Large heat pumps, Central air conditioners and Central heat pumps.

Incorporate by reference NRCan Technical Standards Documents for: Room air conditioners and General service lighting.

The details (content and format) of Technical Standards Documents will be made available for comment upon publication in Canada Gazette, Part I.

Amendment 19 (Governor in Council)

Update or add energy efficiency and/or testing standards, and/or labeling requirements, as described in technical bulletins to be released in June 2024, for the following energy-using products:

Updating Currently Regulated Products

• Gas furnaces (commercial)Footnote1
• Televisions
• Ground-source heat pumps (including water/brine-to-water)
• Electric motors
• Ranges

Adding New Products

• Air cleaners
• Gas clothes dryers
• Oil-fired furnaces (commercial) Footnote1
• Computer room air conditioners
• Pool heaters
• Pool pump motors
• Manufactured fenestration products (windows, doors and skylights)*
• Uninterruptible power supplies (UPS)

*NRCan is considering labeling and reporting requirement for Manufactured fenestration products.

Please note that Amendment 19 is early in the development process and the composition of it could change as NRCan gathers additional information and receives feedback from stakeholders.

Ministerial amendment(s)

Update specific elements of the regulations to maintain alignment with the U.S. for the following products – this section will be updated as needed when the U.S. completes final rulemakings:

• Ice-makers (automatic commercial)*
• Metal halide lamp ballasts*
• Microwave ovens*
• Large diameter ceiling fans*
• Refrigerators**
• Freezers**
• Dishwashers**
• Clothes washers**
• Clothes dryers**

*NRCan intends to skip Canada Gazette, Part I to publish directly in Canada Gazette, Part II where the proposed changes are administrative in nature, to ensure that harmonization is maintained and to avoid any trade impacts.

**On August 19, 2023, NRCan published a Notice in the Canada Gazette, Part I outlining NRCan’s commitments for these products.

Future policy work which may or may not lead to regulatory actions

NRCan has identified the following products as being of interest and will investigate further by launching market studies and/or pre-consultation to determine if there are economically justifiable energy savings or policy considerations to warrant future actions. This list will include potential new products, products with changes in scope or products where a change of policy is being considered for some requirements.

Currently Regulated Products

• Commercial gas-fired storage water heaters
• Commercial gas-fired instantaneous water heaters
• Electric furnaces (Modular blowers)
• Recovery ventilators

New Products

• Commercial food service equipment
• Heat pump water heaters (household and commercial)
• Portable electric spas
• Toilets and urinals
• Variable refrigerant flow (multi-split) air conditioners
• Variable refrigerant flow (multi-split) heat pumps

NRCan is continuously assessing the potential impacts of updating energy efficiency standards or adding new products to achieve further energy savings and support the Government’s climate change objectives and its commitments to minimize unnecessary regulatory differences within Canada and North America. Future changes will be considered based on potential energy and greenhouse gas savings, economic savings for consumers and businesses, and alignment opportunities with trading partners. This Forward Regulatory Plan will be updated, and stakeholders will be notified, as new products are identified for consideration or as plans are solidified.

Update specific elements of the regulations to maintain alignment with the U.S. for the following products – this section will be updated as needed when the U.S. completes final rulemakings:

• Ice-makers (automatic commercial)*
• Metal halide lamp ballasts*
• Microwave ovens*
• Large diameter ceiling fans*
• Refrigerators**
• Freezers**
• Dishwashers**
• Clothes washers**
• Clothes dryers**

*NRCan intends to skip Canada Gazette, Part I to publish directly in Canada Gazette, Part II where the proposed changes are administrative in nature, to ensure that harmonization is maintained and to avoid any trade impacts.

**On August 19, 2023, NRCan published a Notice in the Canada Gazette, Part I outlining NRCan’s commitments for these products.

Future policy work which may or may not lead to regulatory actions

NRCan has identified the following products as being of interest and will investigate further by launching market studies and/or pre-consultation to determine if there are economically justifiable energy savings or policy considerations to warrant future actions. This list will include potential new products, products with changes in scope or products where a change of policy is being considered for some requirements.

Currently Regulated Products

• Commercial gas-fired storage water heaters
• Commercial gas-fired instantaneous water heaters
• Electric furnaces (Modular blowers)
• Recovery ventilators

New Products

• Commercial food service equipment
• Heat pump water heaters (household and commercial)
• Portable electric spas
• Toilets and urinals
• Variable refrigerant flow (multi-split) air conditioners
• Variable refrigerant flow (multi-split) heat pumps

NRCan is continuously assessing the potential impacts of updating energy efficiency standards or adding new products to achieve further energy savings and support the Government’s climate change objectives and its commitments to minimize unnecessary regulatory differences within Canada and North America. Future changes will be considered based on potential energy and greenhouse gas savings, economic savings for consumers and businesses, and alignment opportunities with trading partners. This Forward Regulatory Plan will be updated, and stakeholders will be notified, as new products are identified for consideration or as plans are solidified.

Potential Impacts on Canadians, Including Businesses

For proposed amendments, there may be business impacts on manufacturers, importers, and distributors of these products as the amendments will prevent the importation into Canada or shipment across provinces of regulated products that do not meet prescribed efficiency levels for sale or lease. The “One-for-One” Rule and/or the small business lens may apply. Consumers and businesses are expected to save money by purchasing products that are more efficient.

Regulatory Cooperation Efforts (Domestic and International)

The development of regulatory amendments is guided by and consistent with regulatory cooperation agreements designed to minimize regulatory differences within Canada and North American markets. More details about alignment for specific products are provided in technical bulletins published on our website once an amendment launches.

Consultations

In accordance with the Cabinet Directive on Regulations, stakeholders have multiple opportunities to contribute to the regulatory process. The approximate timing for the next pre-consultation and pre-publication in the Canada Gazette, Part I, is as follows:

Spring 2024: pre-publication in the Canada Gazette, Part I for Amendment 18, followed by a 70-day comment period.

Spring 2024: pre-consultations on products listed for Amendment 19.

The exact date for final publication of each amendment will depend on the number and nature of comments received during the public comment period. Final publications are typically within a year of their initial public comment period. Products described in these updates and the timing of publication are subject to decision-making authorities under the Energy Efficiency Act.

General consultation practices are the following:

Bulletins – distribution is targeted to key industry stakeholders, Indigenous partners, federal and provincial stakeholders, and general interest groups who have signed up for our mailing list

Workshops/webinars – stakeholders and partners are invited to discuss regulatory requirements under consideration, review comments and offer additional input, especially where there are significant issues raised that are best addressed multilaterally. Upon request, discussions may be held with interest groups or associations.

Comment Period – Federal departments and agencies allow interested groups, individuals, and Canadians to review and comment on proposed regulations published in Part I of the Canada Gazette before they become official. For more on the process please consult the Canada Gazette webpage where comments are to be submitted.

We are continuously working to improve our consultation tools, practices and processes – please reach out using the email address below if you have any feedback or suggestions.

Further Information

• Natural Resources Canada’s Act and Regulations
• The Cabinet Directive on Regulations
• The Red Tape Reduction Action Plan
• The Canada-U.S. Regulatory Cooperation Council
• Memorandum of Understanding
• Regulatory Reconciliation and Cooperation Table

Departmental Contact

Ben Copp
Senior Director, Demand Policy & Analysis Division
Office of Energy Efficiency, Energy Efficiency and Technology
Natural Resources Canada
580 Booth Street, Ottawa, Ontario K1A 0E4
EEregulations-reglementEE@nrcan-rncan.gc.ca

Please subscribe to our mailing list to receive email updates about the Energy Efficiency Regulations

Date first included in Forward Regulatory Plan

Most of the products listed under Amendment 18 were added to the Forward Regulatory Plan in April 2022, but the page has been updated as plans evolved. New products have been listed in April 2024 in “Amendment 19”, “Future Policy Work” and “Ministerial amendment” sections.

Details of this initiative

Enabling Acts

Canada-Newfoundland and Labrador Atlantic Accord Implementation Act

Description

Regulatory amendments to the Canada-Newfoundland and Labrador Offshore Petroleum Cost Recovery Regulations will facilitate alignment with the carbon pricing amendments made to the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act in 2018. These amendments came into force retroactively on January 1, 2019.

The objective of the regulatory changes will be to allow the Canada-Newfoundland and Labrador Offshore Petroleum Board to recover the costs of administering the provincial carbon pricing regime via regulations.

Potential impacts on Canadians, including businesses

This regulatory initiative is in the early stages of planning and development. There are no expected impacts.

Regulatory cooperation efforts (domestic and international)

As part of engagement efforts to amend the Canada-Newfoundland and Labrador Offshore Petroleum Cost Recovery Regulations, NRCan officials will work closely and cooperatively with their Newfoundland and Labrador counterparts in order to implement these changes in provincial mirror-regulation.

Consultations

This regulatory initiative is at an early stage of planning and development. No consultations with stakeholders have taken place. Early engagement, including Canada Gazette, Part I pre-publication, is currently anticipated to begin in 2024-2026.

Further Information

Newfoundland and Labrador Management of Greenhouse Gas Act

Departmental Contact

Franco Bello
Policy Analyst, Offshore Management Division
Analysis and Operations Branch
Franco.Bello@nrcan-rncan.gc.ca

Date First included in Forward Regulatory Plan

December 29, 2020 - Canada-Newfoundland and Labrador Offshore Petroleum Cost Recovery Regulations

Enabling Acts

Canadian Energy Regulator Act

Description

The Canadian Energy Regulator Act (CER Act) came into force on August 28, 2019. The CER Act replaced the National Energy Board with the Canada Energy Regulator (CER).

The Designated Officer Regulations would allow officers, designated by the CER’s Chief Executive Officer, to perform certain powers, duties, and functions of the Commission that are technical or administrative in nature and would set out the circumstances and processes for doing so.

Potential impacts on Canadians, including businesses

There are no expected business impacts.

Regulatory cooperation efforts (domestic and international)

As part of their overall engagement efforts, departmental staff are consulting with provincial and federal regulators with similar delegation programs to learn best practices and help inform regulatory development and implementation plans.

Consultations

Natural Resources Canada (NRCan) and the National Energy Board released a Discussion Paper on the regulatory proposal on October 15, 2018, and an opportunity to provide input and comments was provided until November 28, 2018. The comments received are available online.

Given that the last consultation on the regulatory proposal was in 2018, NRCan and the CER will evaluate the need for further consultations.

There would be further opportunity to comment on the proposed regulations once pre-published in the Canada Gazette, Part I. Information on this future consultation opportunity will appear on NRCan’s Public Consultation Opportunities webpage.

Departmental Contact

Natural Resources Canada
Carolyn Pharand, Senior Director
Fuels Sector
Natural Resources Canada
Telephone: 613-608-5183
carolyn.pharand@nrcan-rncan.gc.ca

Canada Energy Regulator
Chantal Briand, Senior Regulatory Policy Analyst
Systems Operations Business Unit
Canada Energy Regulator
Telephone: 403-389-1209
Chantal.Briand@cer-rec.gc.ca

Date First included in Forward Regulatory Plan

April 1, 2019

Enabling Acts

Canada Oil and Gas Operations Act

Description

The Frontier and Offshore Regulatory Renewal Initiative (FORRI) aims to modernize the regulations governing Canada's frontier and offshore oil and gas sector. The following existing regulations will be modernized and amalgamated into one Framework Regulation under the Canada Oil and Gas Operations Act:

• Canada Oil and Gas Drilling and Production Regulations
• Canada Oil and Gas Geophysical Operations Regulations
• Canada Oil and Gas Certificate of Fitness Regulations
• Canada Oil and Gas Operations Regulations, and
• Canada Oil and Gas Installation Regulations

The review and revision date of these regulations has yet to be determined, but will ensure harmonization with the corresponding regulations under the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act.

Potential impacts on Canadians, including businesses

There are no expected negative business impacts. Administrative burden is to be determined.

Regulatory cooperation efforts (domestic and international)

The proposed regulations will be developed in collaboration with Environment and Climate Change Canada, Crown-Indigenous Relations and Northern Affairs Canada, and the Canada Energy Regulator.

Consultations

The FORRI webpage contains additional information, as well as contact information, where interested parties can provide feedback.

Further Information

For further information, please contact the FORRI website

Departmental Contact

Cheryl McNeil
Deputy Director
Offshore Management Division
Analysis and Operations Branch
cheryl.mcneil@NRCan-RNCan.gc.ca

Date First included in Forward Regulatory Plan

2015

Enabling Acts

Canadian Energy Regulator Act

Description

The Canadian Energy Regulator Act (CER Act) came into force on August 28, 2019. The Indigenous Ministerial Arrangements Regulations are a feature of the CER Act that would enable the Minister to enter into arrangements with Indigenous governing bodies for carrying out the purposes of the CER Act, and may authorize any Indigenous governing body to conduct activities under the CER Act as outlined in the arrangement.

An Indigenous governing body is defined in the CER Act as a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982.
As per Section 78 of the CER Act, the Governor in Council may make regulations respecting the Minister’s power to enter into arrangements, including regulations:

respecting how they are to be entered into;

respecting the circumstances under which they may be entered into;

respecting their contents; and,

varying or excluding any provision of this Act or a regulation made under it as that provision applies to the subject matter of the arrangement.

Regulatory cooperation efforts (domestic and international)

As part of the overall engagement efforts, NRCan staff are working closely with provincial and federal regulators with similar delegation programs to learn best practices and help inform regulatory development and implementation plans.

Potential impacts on Canadians, including businesses

The proposed regulations are expected to clarify how Indigenous jurisdictions’ involvement may be enhanced in the lifecycle oversight of federally regulated energy projects, as part of the Government of Canada’s efforts to advance reconciliation with Indigenous Peoples.

Engagement

IMARs is now undergoing its second phase out of its five-phased approach. In the summer of 2024, NRCan plans to engage with interested Indigenous groups to determine the extent to which Indigenous governing bodies want to be involved in the regulatory process. Further engagement in subsequent years is also planned as part of the regulatory design and development phases.

Information on when engagement opportunities will occur will appear on Natural Resources Canada’s Public consultations and engagements webpage and the Canada Energy Regulator's Consultation and Engagement webpage.

Departmental Contact

Jay Gerritsen, Director
Indigenous Ministerial Arrangements Regulations

Nòkwewashk [No-Kwe-washk]
Natural Resources Canada
Telephone: 343-596-9911
Email: jay.gerritsen@nrcan-rncan.gc.ca

Date First included in Forward Regulatory Plan

April 1, 2019

Enabling Acts

Canadian Energy Regulator Act

Description

On 28 August 2019, the National Energy Board became the Canada Energy Regulator (CER) as a result of the coming into force of the Canadian Energy Regulator Act (CER Act). Part 5 of the CER Act sets out the legislative framework for the oversight of the full life cycle of an offshore renewable energy (ORE) project and offshore power line.

The proposed Canada Offshore Renewable Energy Regulations would operationalize Part 5 of the CER Act by establishing comprehensive requirements respecting work and activities related to ORE projects and offshore power lines for the purposes of safety, security, and environmental protection.

Potential impacts on Canadians, including businesses

The proposed Regulations would support safe, secure, and environmentally friendly ORE projects that would contribute to federal and provincial renewable energy targets. The benefits cannot be solely attributed to the proposed Regulations, but rather are associated with the complete legislative regime for ORE under the CER Act.

Future operators would incur incremental costs associated with the proposed Regulations, including labour costs related to the time spent on mandatory reporting and inspection requirements, as well as labour costs related to the involvement of a Certifying Authority during the operations phases of a project.

An analysis under the small business lens concluded that the proposed Regulations would not impact Canadian small businesses, given that ORE operators would likely not qualify under the definition of “small businesses”.

The proposed regulations are not expected to involve significant impacts on international trade or investment

Regulatory cooperation efforts (domestic and international)

The proposed Regulations are not related to an international agreement or obligation, nor do they have any impacts related to a work plan or commitment under a formal regulatory cooperation forum.

It is NRCan’s intent to replicate, to the extent possible, the proposed Regulations in the Canada-Nova Scotia and Canada-Newfoundland and Labrador offshore areas once Bill C-49 receives Royal Assent and the Accord Acts are amended to expand their application to ORE. The Governments of NS and NL have been consulted throughout the regulatory development process and have provided input into the proposed Regulations.

Consultations

The ORER Initiative webpage contains links to early policy discussion and technical requirements, as well as contact information, where interested parties can provide feedback.

The proposed Regulations were pre-published in Part I of the Canada Gazette in February 2024. The public comment period closed on March 25, 2024.

Further Information

For further information, please visit the ORER Initiative webpage or email us at nrcan.offshorerenewables-renouvelablesextracotieres.rncan@canada.ca.

Departmental Contact

For any questions related to this initiative, please contact us at nrcan.offshorerenewables-renouvelablesextracotieres.rncan@canada.ca.

Date First included in Forward Regulatory Plan (FRP)

The item was added to the FRP on October 5, 2020, as part of ongoing updates to the Plan.