Vol. 142, No. 26 — December 24, 2008

Registration

SOR/2008-323 December 12, 2008

ENERGY EFFICIENCY ACT

Regulations Amending the Energy Efficiency Regulations

P.C. 2008-1930 December 12, 2008

(22) Paragraph (n) of the definition “transformateur à sec” in subsection 2(1) of the French version of the Regulations is replaced by the following:

n) le transformateur dont le courant de ligne à basse tension nominal est de 4 000 A ou plus. (dry-type transformer)

(23) Clause (g)(v)(A) of the definition “general service incandescent reflector lamp” in subsection 2(1) of the English version of the Regulations is replaced by the following:

(A) as an infrared lamp,

(24) Paragraph (a) of the definition “type” in subsection 2(1) of the French version of the Regulations is replaced by the following:

a) dans le cas des lave-vaisselle, des modèles encastrables ou mobiles;

(25) Subsection 2(1) of the Regulations is amended by adding the following in alphabetical order:

“ANSI C78.20” means the ANSI standard ANSI C78.20-2003 entitled American National Standard for Electric Lamps — A, G, PS, and Similar Shapes with E26 Medium Screw Bases; (ANSI C78.20)

“ANSI C78.5” means the ANSI standard ANSI C78.5 entitled Specifications for Performance of Self-Ballasted Compact Fluorescent Lamps; (ANSI C78.5)

“ANSI C81.61” means the ANSI standard ANSI-ANSLG C81.61-2006 entitled Electrical Lamp Bases Specifications for Bases (Caps) for Electric Lamps; (ANSI C81.61)

“appliance lamp” means a lamp that is designed to operate in ambient temperatures up to 315ºC with a maximum wattage of 40 W and is marketed as an appliance lamp; (lampe d’appareils électroménagers)

“ceiling fan” means a household ceiling fan; (ventilateur de plafond)

“ceiling fan light kit” means equipment that is designed to be attached to a ceiling fan for the purpose of providing light; (ensemble d’éclairage pour ventilateurs de plafond)

“CFL” means an integrally-ballasted compact fluorescent lamp with a medium screw base and a nominal voltage or voltage range that lies at least partially between 100 volts and 130 volts; (LFC)

“CIE 13.3” means the CIE standard CIE 13.3 (1995) entitled Method of Measuring and Specifying Colour Rendering Properties of Light Sources; (CIE 13.3)

“coloured lamp” means a lamp, other than a coloured fluorescent lamp, that is marketed as a coloured lamp and that has

(a) a colour rendering index of less than 50, as determined in accordance with CIE 13.3, or

(b) a correlated colour temperature less than 2500 K or greater than 4600 K; (lampe colorée)

“CSA C22.2 No. 9” means the CSA standard C22.2 No. 9.0-96 entitled General Requirements for Luminaires; (CSA C22.2 n^o 9)

“CSA C22.2 No. 12” means the CSA standard C22.2 No. 12-1982 entitled Portable Luminaires; (CSA C22.2 n^o 12)

“CSA C300-08” means the CSA standard CAN/CSA-C300-08 entitled Energy Performance and Capacity of Household Refrigerators, Refrigerator-Freezers, Freezers and Wine Chillers; (CSA C300-08)

“CSA C749-07” means the CSA standard CAN/CSA-C749-07 entitled Performance of Dehumidifiers; (CSA C749-07)

“CSA C861” means the CSA standard CAN/CSA-C861-06 entitled Performance of Self-Ballasted Compact Fluorescent Lamps and Ballasted Adapters; (CSA C861)

“CSA P.2” means the CSA standard CAN/CSA-P.2-07 entitled Testing method for measuring annual fuel utilization efficiency of residential gas-fired furnaces and boilers; (CSA P.2)

“CSA P.11” means the CSA standard CAN/CSA-P.11-07 entitled Testing method for measuring efficiency and energy consumption of gas-fired unit heaters; (CSA P.11)

“current-limiting device” means, with respect to ceiling fans with integrated lights, ceiling fan light kits and torchieres, a device that limits the amount of energy that can be consumed by the lighting component of the product; (dispositif limiteur de courant)

“gas-fired unit heater” means a self-contained, automatically controlled, vented, gas-burning appliance described in CSA P.11 that distributes warmed air without the use of ducts; (aérotherme à gaz)

“general service lamp” means, subject to subsection (4), an electrical device that provides functional illumination and

(a) has a luminous flux of at least 250 lm but no greater than 2600 lm,

(b) has a nominal voltage or voltage range that lies at least partially between 100 volts and 130 volts, and

(c) is screw-based,

but does not include

(d) an appliance lamp,

(e) a CFL,

(f) a coloured lamp,

(g) an explosion resistant lamp, namely, a lamp that is designed and certified to operate in a Class I, Division 1 or Class II, Division 1 environment as defined in the IEC standard CEI/IEC 60079-0 (2007) entitled Explosive atmospheres – Part 0: Equipment – General Requirements,

(h) an infrared lamp,

(i) a lamp that has a G-shape as specified in ANSI C78.20 and ANSI C79.1, with a diameter of 13 cm or more,

(j) a showcase lamp, namely, a lamp that has a T-shape as specified in ANSI C78.20 and ANSI C79.1 and a maximum wattage of 40 W or a length exceeding 25 cm and is marketed as a showcase lamp,

(k) a lamp that uses solid state technology, namely, a lamp with a light source that comes from light-emitting diodes,

(l) a left-hand thread lamp, namely, a lamp with a base that screws into a lamp socket in a counter-clockwise direction,

(m) a plant lamp,

(n) an incandescent reflector lamp that has a shape specified in ANSI C79.1,

(o) a sign service lamp, namely, a vacuum type or gas-filled lamp that has sufficiently low bulb temperature to permit exposed outdoor use on high-speed flashing circuits and is marketed as a sign service lamp,

(p) a silver bowl lamp, namely, a lamp that has a reflective coating applied directly to part of the bulb surface that reflects light toward the lamp base and that is marketed a silver bowl lamp,

(q) a traffic signal module, a pedestrian module or a street light,

(r) a submersible lamp,

(s) a lamp that has a screw base size of E5, E10, E11, E12, E17, E26/50×39, E26/53×39, E29/28, E29/53×39, E39, E39d, EP39 or EX39 as specified in ANSI C81.61, and

(t) a lamp that has a B, BA, CA, F, G16-½, G25, G30, S or M-14 shape or other similar shape, as specified in ANSI C78.20 and ANSI C79.1, and a maximum wattage of 40 W; (lampe standard)

“IES LM45” means the IES standard IES LM-45-00 entitled IESNA Approved Method for Electrical and Photometric Measurements of General Service Incandescent Filament Lamps; (IES LM45)

“IES LM49” means the IES standard IES LM-49-01 entitled IESNA Approved Method for Life Testing of General Lighting Incandescent Filament Lamps; (IES LM49)

“IES LM65” means the IES standard IES LM-65-01 entitled IESNA Approved Method for Life Testing of Compact Fluorescent Lamps; (IES LM65)

“IES LM66” means the IES standard IES LM-66-00 entitled IESNA Approved Method for the Electrical and Photometric Measurements of Single-Ended Compact Fluorescent Lamps; (IES LM66)

“infrared lamp” means a lamp that emits greater than 90% radiation in the 0.7 µm to 10 µm range of the electromagnetic spectrum; (lampe infrarouge)

“ITE VTCSH” means the Institute of Transportation Engineers standard entitled Vehicle Traffic Control Signal Heads, Light Emitting Diode (LED) Circular Signal Supplement, dated June 27, 2005; (ITE VTCSH)

“life” means, with respect to

(a) general service lamps, the rated life in hours as calculated in accordance with IES LM49,

(b) general service incandescent reflector lamps, BR lamps and ER lamps, the rated life in hours as calculated in accordance with CSA C862-01, and

(c) CFLs, the rated life in hours as calculated in accordance with IES LM65 and using the following test methods:

(i) the test shall be performed using a sample of 10 units of the energy-using product, and

(ii) unless the intended use for the product requires a different position, five of the units shall be tested in the base-up position and the other five units shall be tested in the base-down position; (durée de vie)

“maximum wattage” means, with respect to pedestrian modules and traffic signal modules, the power consumed by the module after being operated for 60 minutes while mounted in a temperature testing chamber with the lens portion of the module outside the chamber at a temperature of 74°C, and the air temperature in front of the lens maintained at a minimum of 49°C; (puissance maximale)

“modified spectrum lamp” means a lamp that is an enhanced, modified or full spectrum lamp and is marketed as such, is not coloured and, when operated at its rated voltage and wattage, has colour point chromaticity coordinates on the 1931 chromaticity diagram, as described in the CIE standard CIE 15: 2004 entitled Colorimetry, that lie outside a four-step MacAdam ellipse, as described in the IES standard IES LM-58-94 entitled Guide to Spectroradiometric Measurements, that is centred at the chromaticity coordinates of a reference standard spectrum lamp; (lampe à spectre modifié)

“nominal wattage” means, with respect to pedestrian modules and traffic signal modules, the power consumed by the module after being operated for 60 minutes in a chamber at a temperature of 25°C; (puissance nominale)

“pedestrian module” means a self-contained device that consists of all of the optical components for operation and is designed to

(a) provide pedestrians with movement information by means of a “walking person” or “hand” display but not by means of a countdown message, and

(b) fit into a pedestrian signal housing; (module de signalisation piétonnière)

“pin-based socket” means a socket that holds a fluorescent lamp that is not integrally ballasted and that has a plug-in lamp base but does not include a GU-24 socket; (douille à broche)

“plant lamp” means a lamp that contains a filter or coating to suppress light with wavelengths of less than 0.58 µm and that is marketed as a plant lamp; (lampe pour horticulture)

“reference standard spectrum lamp” means, in respect of a modified spectrum lamp, a general service lamp that has no design features that enable it to emit a modified spectrum but whose other features, including all other design and performance features, are identical to those of the modified spectrum lamp; (lampe de référence à spectre normalisé)

“rough service lamp” means a lamp that is marketed as a rough service lamp and that has

(a) a C-7A or C-11 filament, as described in the IES Handbook, with at least 5 supports exclusive of lead wires,

(b) a C-17 filament, as described in the IES Handbook, with 8 supports exclusive of lead wires, or

(c) a C-22 filament, as described in the IES Handbook, with 16 supports exclusive of lead wires; (lampe à construction renforcée)

“shatter resistant lamp” means a lamp that has an external silicon, polytetrafluoroethylene or similar coating applied for the purpose of resisting breakage and preventing glass from reaching the operating environment in the event of breakage and is marketed as a shatter resistant lamp; (lampe résistante à l’éclatement)

“standby mode” means, in respect of a refrigerated beverage vending machine or a snack and refrigerated beverage vending machine, a mode — into which the machine automatically enters during a period of extended inactivity — that is capable of reducing the energy consumption of the machine by means of the following power states:

(a) a refrigeration power state in which the average temperature of the refrigerated beverages is allowed to rise to 4.4°C, and

(b) if the machine is equipped with lights,

(i) a lighting power state in which the lights are turned off, and

(ii) a machine power state in which the reduced power states referred in paragraph (a) and subparagraph (b)(i) are both in operation at the same time; (mode Veille)

“submersible lamp” means a lamp that meets the requirements set out in the CSA standard CSA C22.2 No. 89-1976 entitled Swimming-pool Luminaires, Submersible Luminaires and Accessories; (lampe submersible)

“torchiere” means a portable electric luminaire that has a reflector bowl or similar-shaped reflector that directs light in a predominantly upward direction for the purpose of providing indirect lighting and that may be equipped with one or more additional sockets intended for other lighting functions; (torchère)

“traffic signal module” means a self-contained device that consists of all of the optical components for operation and is designed to

(a) provide drivers with movement information by means of a red or green traffic signal indicator that is 203.2 mm or 304.8 mm in diameter, and

(b) fit into a traffic signal housing; (module de signalisation routière)

“vibration service lamp” means a lamp that is marketed as a vibration service lamp, has a maximum wattage of 40 W and has a C-5, C-7A or C-9 filament with less than 5 supports, as described in the IES Handbook, or similar configurations; (lampe anti-vibrations)

(26) Subsection 2(1) of the French version of the Regulations is amended by adding the following in alphabetical order:

« encastrable » Se dit, dans le cas d’un lave-vaisselle, de celui qui est conçu pour être raccordé en permanence à l’alimentation en eau et en électricité de la maison. (built-in)

(27) Section 2 of the Regulations is amended by adding the following after subsection (3):

(4) For the purposes of Part II, the definition “general service lamp” does not include a rough service lamp, a vibration service lamp, a shatter resistant lamp or a lamp with an E26d screw base as specified in ANSI C81.61.

2. (1) The portion of subsection 3(1) of the Regulations before paragraph (a) is replaced by the following:

3. (1) Subject to subsections (2) to (25), the following products are prescribed as energy-using products:

(2) Subsection 3(1) of the Regulations is amended by adding the following after paragraph (h.2):

(h.3) gas-fired unit heaters;

(3) Subsection 3(1) of the Regulations is amended by adding the following after paragraph (j.4):

(j.5) general service lamps;

(j.6) CFLs;

(j.7) ceiling fans;

(j.8) ceiling fan light kits;

(j.9) pedestrian modules;

(j.10) traffic signal modules;

(j.11) torchieres;

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

(2) Subject to subsection (6), for the purposes of Parts II to V, a product referred to in any of paragraphs (1)(a), (c) to (g), (h.1), (i), (j), (k), (l), (m), (n), (o) and (p) to (s) shall not be considered to be an energy-using product unless its manufacturing process is completed on or after February 3, 1995.

(5) Subsection 3(5) of the Regulations is replaced by the following:

(5) For the purposes of Part IV, a product referred to in paragraph (1)(j.1) shall not be considered to be an energy-using product unless its manufacturing process is completed on or after December 31, 1996.

(5.1) A product referred to in paragraph (1)(j.2) shall not be considered to be an energy-using product

(a) for the purposes of Part III, unless its manufacturing process is completed on or after September 1, 2008; or

(b) for the purposes of Part IV, unless its manufacturing process is completed on or after December 31, 1996.

(6) Subsection 3(10) of the Regulations is replaced by the following:

(10) A product referred to in paragraph (1)(j.3) or (j.4) shall not be considered to be an energy-using product

(a) for the purposes of Parts II, IV and V, unless its manufacturing process is completed on or after January 1, 2003; or

(b) for the purposes of Part III, unless its manufacturing process is completed on or after September 1, 2008.

(7) Section 3 of the Regulations is amended by adding the following after subsection (19):

(20) For the purposes of Parts II, IV and V, a product referred to in paragraph (1)(h.3) shall not be considered to be an energy-using product unless its manufacturing process is completed on or after August 8, 2008.

(21) A product referred to in paragraph (1)(j.5) shall not be considered to be an energy-using product

(a) for the purposes of Part IV;

(b) for the purposes of Parts III and V, unless its manufacturing process is completed on or after September 1, 2008; or

(c) for the purposes of Part II unless

(i) it has a rated luminous flux of at least 1050 lm but not greater than 2600 lm and its manufacturing process is completed on or after January 1, 2012, or

(ii) it has a rated luminous flux of at least 250 lm but not greater than 1049 lm and its manufacturing process is completed on or after December 31, 2012.

(22) A product referred to in paragraph (1)(j.6) shall not be considered to be an energy-using product

(a) for the purposes of Part II; or

(b) for the purposes of Parts III to V, unless its manufacturing process is completed on or after June 1, 2009.

(23) For the purposes of Parts II, IV and V, a product referred to in paragraph (1)(j.7) or (j.8) shall not be considered to be an energy-using product unless its manufacturing process is completed on or after January 1, 2010.

(24) For the purposes of Parts II, IV and V, a product referred to in any of paragraphs (1)(j.9) to (j.11) shall not be considered to be an energy-using product unless its manufacturing process is completed on or after January 1, 2007.

(25) A product referred to in paragraph (1)(b) shall not be considered an energy-using product

(a) for the purposes of Parts II, IV and V, unless its manufacturing process is completed on or after February 3, 1995; or

(b) for the purposes of Part III, unless it is a household clothes washer and its manufacturing process is completed on or after February 3, 1995.

3. (1) Paragraph 4(1)(a) of the Regulations is replaced by the following:

(a) for an energy-using product referred to in any of paragraphs 3(1)(a) to (h.1), (h.3), (i), (j), (j.3) to (j.5), (j.7) to (m.3), (n.1) to (s), (v), (w) and (y) to (z.3), an energy efficiency standard set out in column III of an item of Part 1 of Schedule I applies to the product set out in column I of that item if the manufacturing process of the product is completed during the period set out in column IV of that item;

(2) Subsection 4(4) of the Regulations is replaced by the following:

(4) A reference to a CSA standard set out in column III of Part 1 of Schedule I shall be read as a reference to that standard as it read on October 31, 2008.

4. The Regulations are amended by adding the following after section 4.3:

4.4. In respect of an energy-using product referred to in paragraph 3(1)(j.5), compliance with the energy efficiency standard referred to in subsection 4(1) shall be determined in accordance with the testing procedures established by IES LM45 and IES LM49 that are applicable to the product, except that it must be tested at 120 volts regardless of its nominal voltage.

5. (1) The Regulations are amended by adding the following before section 5:

DIVISION 1

(2) The portion of section 5 of the Regulations before paragraph (a) is replaced by the following:

5. This Division applies to the following energy-using products:

6. The Regulations are amended by adding the following after section 10:

DIVISION 2

10.1. This Division applies to the following energy-using products:

(a) general service incandescent reflector lamps;

(b) BR lamps;

(c) ER lamps;

(d) general service lamps; and

(e) CFLs.

10.2 (1) Subject to section 10.3, the principal display panel of the package containing the energy-using products shall display the following information in the following order:

(a) except in the case of the energy-using products referred to in paragraphs 10.1(b) and (c), the words “Light Output / Flux lumineux”, followed by the product’s luminous flux and the word “Lumens”;

(b) the words “Energy Used / Consommation d’énergie”, followed by the product’s power and the word “Watts”; and

(c) the words “Life / Durée de vie”, followed by the product’s life and the words “Hours / Heures”.

(2) The words “Light Output / Flux lumineux”, “Energy Used / Consommation d’énergie” and “Life / Durée de vie” shall be in the same font and be equal in size.

(3) The words “Lumens”, “Watts” and “Hours / Heures” shall be in the same font and be equal in size, but their size shall not be more than 50% of size of the words referred to in subsection (2).

(4) The numerical values indicating a product’s luminous flux, power and life referred to in subsection (1) shall be in the same font and be equal in size.

10.3 (1) If the design voltage of an energy-using product is other than 120 volts, the information displayed on the principal display panel of its package under subsection 10.2(1) may correspond to

(a) a voltage of 120 volts, followed by the words “at 120 volts / à 120 volts”; or

(b) its design voltage, followed by the words “at (design voltage) volts / à (tension spécifique) volts”.

(2) If the information is displayed in accordance with paragraph (1)(b),

(a) the same information for the product at 120 volts shall be displayed in accordance with the requirements set out in section 10.2 followed by the words “at 120 volts / à 120 volts” on a panel of its package other than the principal display panel;

(b) the design voltage of the product shall be displayed clearly and conspicuously on all panels of its package that display information for luminous flux, power and , other than the panel referred to in paragraph (a); and

(c) the following statement shall be clearly and conspicuously displayed on the principal display panel of the product’s package:

“This product is designed for (design voltage) volts. When used on the normal line voltage of 120 volts, the light output and energy efficiency are noticeably reduced. See (appropriate panel) panel for 120-volt rating.”

« Ce produit a été conçu en fonction d’une tension de (tension spécifique) volts. S’il est employé à la tension normale de 120 volts, son flux lumineux et sa consommation d’énergie s’en trouveront considérablement réduits. Voir le panneau (panneau en cause) pour les renseignements correspondant à une tension de 120 volts. »

10.4 If the characteristics of the energy-using products in a single package are not uniform, the following information shall be displayed on the principal display panel of the package for each type of lamp included in the package:

(a) its design voltage; and

(b) the information referred to in paragraphs 10.2(1)(a) to (c), displayed in accordance with the requirements set out in section 10.2.

10.5 In the case of an energy-using product that is a three-way lamp, in order to comply with the requirements of section 10.2, the information referred to in paragraphs 10.2(1)(a) and (b) shall be displayed for each level of operation.

7. Subsection 11(3) of the Regulations is replaced by the following:

(2.1) An energy-using product referred to in paragraph 3(1)(j.6) need not be labelled in accordance with subsection (2) if

(a) a laboratory accredited in respect of lighting energy performance by either the Standards Council of Canada or the National Voluntary Laboratory Accreditation Program has verified the information with respect to luminous flux and power displayed on the product’s package under Division 2 of Part III; and

(b) a laboratory referred to in paragraph (a), an A2LA certified laboratory or an ISO 9000 certified laboratory or manufacturing facility has verified the information with respect to life displayed on the product’s package under Division 2 of Part III.

(3) The verification mark shall be affixed to a surface of the energy-using product so that the mark is readily visible. However, in the case of an energy-using product referred to in any of paragraphs 3(1)(j.1) to (j.4) and (j.6), the verification mark may be affixed to the exterior of the product’s package.

8. (1) Paragraph 12(2)(e) of the Regulations is replaced by the following:

(e) the name of the body or province whose verification mark will be affixed to the product in accordance with Part IV or,

(i) in the case of an energy-using product referred to in paragraph 3(1)(j.5) or (j.6), if a laboratory — accredited in respect of lighting energy performance by either the Standards Council of Canada or the National Voluntary Laboratory Accreditation Program — has verified the information displayed on the product’s package under Division 2 of Part III, the name of that laboratory, and

(ii) in the case of an energy-using product referred to in 3(1)(j.6), if an A2LA certified laboratory or an ISO 9000 certified laboratory or manufacturing facility has verified the information with respect to life that must be displayed on the product’s package under Division 2 of Part III, the name of that laboratory or facility;

(2) Subsection 12(2) of the Regulations is amended by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f):

(g) if there are reasonable grounds to believe, in respect of an energy-using product referred to in paragraph 3(1)(j.5), that the performance of the product does not correspond with the information displayed on its package under Division 2 of Part III, on the request of the Minister, test data that confirms that information from a laboratory accredited in respect of lighting energy performance by either the Standards Council of Canada or the National Voluntary Laboratory Accreditation Program.

9. The heading of Part VII of the Regulations is replaced by the following:

EXEMPTIONS FROM PROVISIONS OF THE ACT AND THE REGULATIONS

10. The Regulations are amended by adding the following after section 17.1:

17.2 (1) An energy-using product referred to in paragraph 3(1)(j.6) is exempt from the application of paragraph 10.2(1)(c) if the words “Life / Durée de vie” as mentioned in that paragraph are instead followed by a number that is not greater than the product’s life indicating the expected hours of operation of the product and the words “Hours / Heures”.

(2) The number referred to in subsection (1) shall be calculated in accordance with IES LM65 using the test methods set out in subparagraphs (c)(i) and (ii) of the definition “life” in subsection 2(1).

17.3 For the purposes of sections 17.4 and 17.5 “life” includes the number referred to in subsection 17.2(1).

17.4 Until the verification with respect to life has been completed, the exemption granted under subsection 11(2.1) applies to an energy-using product referred to in paragraph 3(1)(j.6) if a laboratory or facility referred to in paragraph 11(2.1)(b) has verified 40% of the product’s life and at that point in the verification not more than one unit of the product in the test sample has failed.

17.5 A dealer of an energy-using product referred to in paragraph 3(1)(j.6) is exempt from the requirements of paragraphs 12(2)(e) and (f) that relate to the life of the product if 40% of the product’s life has been verified in accordance with section 17.4 and if the report referred to in subsection 5(1) of the Act, in addition to the other information required under subsection 12(2), contains the following information:

(a) an indication that 40% of the product’s life has been verified;

(b) the date on which testing for life commenced;

(c) the life of the product;

(d) the number of hours of life that has been verified;

(e) the name of the laboratory or facility that verified 40% of the product’s life; and

(f) within 30 days after the day on which the verification with respect to the product’s life has been completed,

(i) the number of hours of life that was verified, and

(ii) the name of the laboratory or facility that completed the verification with respect to the product’s life.

11. The heading « PARTIE I » after the heading « NORMES D’EFFICACITÉ ÉNERGÉTIQUE » in Schedule I to the French version of the Regulations is replaced by thew following:

PARTIE 1

12. The portion of item 8 of Part 1 of Schedule I to the Regulations in column IV is replaced by the following:

13. Part 1 of Schedule I to the Regulations is amended by adding the following after item 8:

14. The portion of item 10 of Part 1 of Schedule I to the Regulations in column IV is replaced by the following:

15. Part 1 of Schedule I to the Regulations is amended by adding the following after item 10:

16. The portion of items 17 to 21 of Part 1 of Schedule I to the French version of the Regulations in column I is replaced by the following:

17. The portion of items 35 and 36 of Part 1 of Schedule I to the Regulations in column IV is replaced by the following:

18. Part 1 of Schedule I to the Regulations is amended by adding the following after item 36:

19. The portion of item 38 of Part 1 of Schedule I to the Regulations in column IV is replaced by the following:

20. Part 1 of Schedule I to the Regulations is amended by adding the following after item 38:

21. Part 1 of Schedule I to the Regulations is amended by adding the following after item 47:

22. The portion of item 61 of Part 1 of Schedule I to the French version of the Regulations in column III is replaced by the following:

23. The portion of item 64 of Part 1 of Schedule I to the Regulations in column IV is replaced by the following:

24. Part 1 of Schedule I to the Regulations is amended by adding the following after item 64:

25. The portion of items 100 to 102 of Part 1 of Schedule I to the Regulations in column IV is replaced by the following:

26. Part 1 of Schedule I to the Regulations is amended by adding the following after item 102:

27. The portion of item 122 of Part 1 of Schedule I to the French version of the Regulations in column I is replaced by the following:

28. Part I of Schedule I to the Regulations is amended by adding the following after item 135:

29. Item 3.11 of Schedule IV to the Regulations is amended by striking out “and” at the end of paragraph (g) and by adding the following after paragraph (h):

30. The portion of item 3.2 of Schedule IV to the Regulations in column I is replaced by the following:

31. Schedule IV to the Regulations is amended by adding the following after item 3.2:

32. The portion of item 4.01 of Schedule IV to the Regulations in column I is replaced by the following:

33. Schedule IV to the Regulations is amended by adding the following after item 4.01:

34. The portion of items 7 to 7.2 of Schedule IV to the French version of the Regulations in column I are replaced by the following:

35. The portion of item 10.01 of Schedule IV to the Regulations in column I is replaced by the following:

36. Schedule IV to the Regulations is amended by adding the following after item 10.01:

37. The portion of item 11 of Schedule IV to the Regulations in column I is replaced by the following:

38. Schedule IV to the Regulations is amended by adding the following after item 11:

39. Schedule IV to the Regulations is amended by adding the following after item 13.1:

40. Item 15.3 of Schedule IV to the Regulations is amended by striking out “and” at the end of paragraph (c) and by adding the following after paragraph (d):

41. Schedule IV to the Regulations is amended by adding the following after item 15.3:

42. The portion of item 16.3 of Schedule IV to the Regulations in column I is replaced by the following:

43. Schedule IV to the Regulations is amended by adding the following after item 16.3:

44. The portion of item 21.1 of Schedule IV to the Regulations in column I is replaced by the following:

45. Schedule IV to the Regulations is amended by adding the following after item 21.1:

46. The portion of items 121 to 124 of Part 1 of Schedule I to the Regulations in column III is amended by replacing “low power mode” with “standby mode”.

47. Schedule IV to the Regulations is amended by replacing “phase of electric current the product uses” with “phase of electric current” in the following provisions:

(a) paragraph 23(b);

(b) paragraph 24(b);

(c) paragraph 25(b); and

(d) paragraph 26(b).

48. Schedule IV to the French version of the Regulations is amended by replacing “encastré” with “encastrable” in the following provisions:

(a) subparagraph 13.1(d)(i);

(b) subparagraph 13.1(d)(iii); and

(c) subparagraphs 14(b)(i) and (ii).

49. The French version of the Regulations is amended by replacing “encastré ou” and “encastrées ou” with “encastrable ou conçu pour être” and “encastrables ou conçues pour être” respectively in the following provisions:

(a) the portion of items 14 to 16 of Part 1 of Schedule I in column I; and

(b) items 6 to 6.2 of Schedule IV.

50. The French version of the Regulations is amended by replacing “encastré ou non encastré” and “encastrées ou non encastrées” with “encastrable ou non” and “encastrables ou non” respectively in the following provisions:

(a) the portion of items 11 to 13 of Part 1 of Schedule I in column I; and

(b) items 5 to 5.2 of Schedule IV.

51. The French version of the Regulations is amended by replacing “instantané” with “rapide” in the following provisions:

(a) items 24 to 28 of Part 1 of Schedule I in column 1;

(b) item 33 of Part 1 of Schedule I in column 1; and

(c) subparagraphs 9(b)(i) to (iv) of Schedule IV.

COMING INTO FORCE

52. 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.)

Executive summary

Issue

Pursuant to the Energy Efficiency Act, the Energy Efficiency Regulations encourage the efficient and economic use of energy. The Act and its accompanying Regulations contribute to the competitiveness of Canada’s economy and help Canada to address national and international climate change goals.

Carbon dioxide (CO₂), a by-product of fossil fuel consumption, has been identified as the most significant greenhouse gas (GHG) contributing to climate change. In recent years, as economic growth has given rise to higher energy use in Canada and throughout the world, the use of fossil fuels has intensified and carbon dioxide emissions have increased.

Since a general shift to alternative energy sources is years away, the most practical and immediate approach to limiting carbon dioxide emissions is to improve energy efficiency.

Background

In 1992, Parliament passed Canada’s Energy Efficiency Act. It provides for the making and enforcement of regulations requiring energy-using products to meet minimum energy-performance standards (MEPS), for product labelling and the collection of data and statistics on energy use.

The Energy Efficiency Regulations have been in effect since 1995. To date, they have been amended nine times to incorporate new MEPS for additional products or to increase the stringency of existing MEPS. The Energy Efficiency Regulations are supported by the Clean Air Regulatory Agenda (CARA). This amendment addresses three principle immediate outcomes of CARA, namely: the approval of the Governor in Council of the first amendment to the Energy Efficiency Regulations under CARA, the increased scope of the comparative labelling regime and the increased engagement of various publics in energy efficiency under these labelling regimes.

The purpose of the MEPS implemented under the Energy Efficiency Regulations is to eliminate shipment of inefficient, energy-using products that for the purpose of sale or lease are either imported into Canada, or manufactured in Canada and transported between provinces. Since most energy-using products must cross provincial or international borders to reach their markets, national energy performance standards are an effective tool to raise the level of energy efficiency throughout Canada. MEPS are necessary where voluntary market forces are unable to overcome barriers that prevent consumers from making more efficient choices.

NRCan has calculated that, by 2010, the MEPS put into effect by the Energy Efficiency Regulations (since 1995) will have achieved a reduction in GHG emissions of 25.6 megatonnes (Mt) per year. Under CARA, three additional amendments are planned, of which these Regulations are the first. When combined, the three amendments are estimated to have an annual, aggregate impact in 2010–2011 of

• energy reductions between 13.37 and 14.85 petajoules per year;
• GHG reductions between 1.4 and 1.6 Mt per year (using current conversions); and
• air pollutants reductions, the most significant of which are 725–1 002 tonnes of NO_x, 837–3 446 tonnes of SO₂ and 204–1 155 tonnes of PM₁₀.

This amendment will account for approximately one-third of the CARA Energy Efficiency Regulations’ contribution—0.4 Mt in 2010, rising to 9.7 Mt in 2020. No estimates for the reduction of other emissions are provided due to uncertainties in calculation for the limited number of products. The fact that MEPS apply to the entire stock of affected inefficient energy-using products explains the amendment’s sizable impact, which compounds as energy-efficient products replace the inefficient ones.

NRCan participates in standards development and conformity assessment through the National Standards System (NSS). The use of harmonized standards and a nationally recognized conformity assessment regime reduces the burden on stakeholders. Other participants in this system include provincial regulators, utilities and manufacturers. Test standards developed through the NSS are often incorporated by reference in the Energy Efficiency Regulations as well as by provinces with active energy efficiency regulations. These provinces are Nova Scotia, New Brunswick, Quebec, Ontario and British Columbia. Provincial legislation governs transactions in internal provincial markets.

As a participant in a global marketplace NRCan seeks, where possible, to harmonize standards with those of other jurisdictions. In addition to provincial requirements, energy efficiency regulations at the U.S. federal and state level are considered in the development of Canada’s regulations. Significant recent standards activities in the United States include the Energy Policy Act of 2005 (EPAct), the Energy Independence and Security Act of 2007 (EISA), and the California Code of Regulations, Title 20: Appliance Efficiency Regulations administered by the California Energy Commission (CEC). It is also important to harmonize with other jurisdictions and trading partners such as the European Union and Asia Pacific. Unique Canadian conditions, such as a colder climate, will sometimes support standards differing from those of other jurisdictions.

The risk of not acting now is outlined in the government’s Clean Air Regulatory Framework document. If Canada did not continue to increase the energy efficiency of products on the market, Canada would be limiting its contribution to the global effort to reduce greenhouse gas emissions and air pollutants and would be at a competitive disadvantage in terms of productivity related to higher energy use overheads per capita.

Objectives

Reducing greenhouse gas emissions and air pollution is a high priority for the Government. This amendment will contribute to the goal of clean energy and a clean environment for all Canadians. The specific objectives of this amendment to the Energy Efficiency Regulations are

• to reduce Canada’s greenhouse gas emissions and associated harmful air pollutants through the elimination of the least efficient products by

N increasing the stringency of existing MEPS for four currently regulated products;

N introducing MEPS and reporting and compliance requirements for six new products;

N introducing MEPS for general service lamps; and

N requiring consumer energy performance labelling for general service lamps, general service incandescent reflector lamps and compact fluorescent lamps (CFLs).

• to ensure Canada remains competitive and a harmonized leader in reaping the benefits of energy efficiency stock improvements and associated energy savings for all Canadians.

Description

Increasing the stringency of existing MEPS for currently regulated products

Residential dehumidifiers

NRCan is setting two levels of MEPS for dehumidifiers. The first comes into effect immediately upon registration of the Regulations and is harmonized with EPAct. The second would come into effect on October 1, 2012, and would be harmonized with EISA.

Residential dishwashers

More stringent MEPS for dishwashers will limit the energy consumption of residential dishwashers to 355 kWh per year on January 1, 2010. The MEPS will incorporate energy consumption of the product in both active and standby mode. This requirement would provide manufacturers with the flexibility to optimize active energy efficiency and standby losses so as to achieve the lowest possible total annual energy consumption. The amendment is harmonized with the EISA.

Residential gas furnaces

Energy efficiency for gas furnaces is defined in terms of annual fuel utilization efficiency (AFUE), which measures the yearly heat output of the furnace against its gas input. The Regulations will increase the MEPS from 78% to 90% AFUE, effective December 31, 2009.

These Regulations are harmonized with

• The Ontario Building Code’s minimum AFUE of 90% effective since January 1, 2007
• The British Columbia Energy Efficiency Regulations MEPS of 90% AFUE for residential construction effective January 1, 2008 and for retrofit applications effective December 31, 2009 and approved June 27, 2008

In November 2007, the U.S. Department of Energy issued a final rule that established a minimum 80% AFUE for residential gas furnaces. However, EISA has included a clause (section 306) allowing for an additional regional standard for heating products. This is expected to result in a higher MEPS level for Northern U.S. states. The higher AFUE for Canada is justified by the colder climate and will result in increased savings for consumers. More than half of the furnaces sold in Canada already meet the MEPS.

Commercial ice-makers

Existing MEPS for automatic ice-makers will increase to harmonize with levels adopted in the United States with EPAct and in California. The effective date of January 1, 2008, is harmonized with California, but is earlier than the U.S. federal date. The earlier effective date is appropriate since Canadian MEPS for ice-makers have existed since December 1998 and 44% of the market already complies. Stakeholders have not identified any issues with the earlier effective date.

Introducing MEPS and reporting and compliance requirements for new products

Residential wine chillers

The Regulations introduce MEPS for residential wine chillers. Though currently small, the market for wine chillers has grown significantly over the past few years and rapid future growth is forecast. Residential wine chillers are a type of refrigerator and, like refrigerators, are in operation 24 hours per day, 365 days per year. There have been significant efficiency improvements to refrigerators that can be applied to wine chillers. The Regulations are harmonized with levels adopted by the CEC in November 1997.

Commercial clothes washers

The Regulations introduce MEPS for residential-style commercial clothes washers equivalent to existing requirements for residential clothes washers. The Regulations are harmonized with EPAct.

Torchieres (floor lamps)

The Regulations introduce new standards of 190 W for torchieres (floor lamps). This would harmonize Canada’s MEPS with EPAct which has been in effect since January 2006. By including torchieres with supplementary lighting, NRCan is creating a broader scope than the U.S. standard. A MEPS level of no more than 230 W will be required for these torchieres. The Regulations would eliminate halogen-type torchieres, which consume as much as 400 W. NRCan also establishes a second performance level at 75 W and 100 W (for lamps with additional lighting), to take effect in January 2010.

Torchieres are available in different designs that operate with different types of lamps, namely, incandescent, halogen, and fluorescent lamps. NRCan is concerned that torchieres would be manufactured for bulb types that, because of the changes in light bulb standards, will not be available after 2012. These standards will ensure that consumers buy products for which suitable replacement bulbs will be available for the product’s lifetime. Many of these torchieres feature dimming controls that, in the near future, will need to be able to operate high-efficiency light bulbs.

Ceiling fan lighting

The Regulations set a limit of 190 W to the energy consumed by ceiling fans for lighting in 2010. NRCan and the United States are not totally harmonized because of differences in the authorizing legislation, but it is anticipated that the impacts on product availability will be similar in both jurisdictions.

A second performance level of 75 W, to come into effect in 2012, was proposed in the prepublication of this amendment. Due to significant concerns raised by stakeholders, this second tier will be delayed to another amendment.

Traffic signal modules and pedestrian modules

The Regulation introduces power consumption levels for traffic signal and pedestrian modules, which come into effect upon registration. It applies to modules of typical size and colour, and ensures that modules used in new traffic signal installations meet LED technology performance levels. The MEPS are harmonized with EPAct.

Commercial and industrial gas unit heaters

Unit heaters are used in commercial and industrial applications to provide space heating. The MEPS will require 80% thermal efficiency, with prescriptive requirements for venting systems and ignition devices. The effective date is August 8, 2008. The Regulations are harmonized with EPAct.

Introducing MEPS for general service lamps

On April 25, 2007, the Government of Canada, announced the phase out of inefficient incandescent light bulbs by the year 2012—the second country in the world to do so.

NRCan has set minimum efficiency standards for general service lighting that will eliminate most common incandescent A-shaped bulbs by 2012 and reduce the energy used by a typical one by about 30%. Replacement bulbs are expected to be new-generation incandescent, halogen infrared, or fluorescent lighting and, when feasible, solid-state light-emitting diodes (LED). The scope, structure, and timing of the new standards were the subject of significant input by stakeholders and the general public as outlined in the Consultation section.

Some have expressed concerns about fluorescent-lighting technology. NRCan has responded by setting a performance standard that can be met by various technologies. NRCan has also established lower efficiency requirements for a group of specialized lamps called modified spectrum.

Harmonization

The MEPS for general service lighting are largely harmonized in terms of scope and exclusions with those that come into effect in the United States starting in 2012. The implementation of the MEPS will be harmonized with the proposed timing for California (which is one year in advance of EISA).

While there is a difference in the structure of the standard, NRCan’s evaluation is that, for the typical light output of lamps currently on the market, the efficacy levels adopted in the United States are equivalent to those in the Regulations.

NRCan has been monitoring international developments in lighting standards and believes that the amendment appropriately balances harmonization, meeting the needs of Canadians, and reaching significant energy-savings targets.

Several provinces have expressed interest in implementing standards for general service lighting: New Brunswick, Nova Scotia, Ontario, and British Columbia. Ontario worked with NRCan to conduct a market analysis of the standard and has announced its intention to implement a similar standard by 2012.

Requiring consumer energy performance labelling for general service lamps, general service incandescent reflector lamps and compact fluorescent lamps (CFLs)

The main purpose of a mandatory requirement for labelling lighting products is to provide consumers with standardized, product-performance information that will encourage a preference for energy efficient light bulbs. The requirement to print information on energy use in watts, hours of use, and lumen output (based on standardized test procedures) provides a level playing field for all manufacturers. A related aim is to discourage the publication of overstated claims of product performance. As various technologies enter the marketplace as a result of the MEPS, consumers will have a standardized way of comparing product performance. Labelling will be required for general service incandescent reflector lamps (PAR, R, ER and BR), general service lamps (incandescent), and CFLs.

These labelling requirements harmonize with those in effect in the United States, while meeting Canada’s official languages requirements.

Regulatory and non-regulatory options considered

Maintaining the status quo

If the amendment is not implemented, Canada will lose a cost-effective opportunity to reduce its GHG and other atmospheric emissions, e.g., smog pre-cursors, which are associated with energy use.

As described above, most of these new standards have equivalents in effect or proposed in the United States. To not implement similar standards would increase the risk of attracting inefficient, products that are not allowed to be sold in the United States.

Canada’s other trading partners are making rapid energy efficiency improvements. The standards contained in this amendment will help to maintain and improve Canada’s competitive position in supplying products to international and domestic markets.

Without the national standards contained in the amendment and complementary provincial requirements (where authorized under provincial legislation), inefficient energy-using equipment could be sold in provinces or territories that do not have performance requirements. This would hinder the Government of Canada’s objectives of reducing CO₂ emissions and achieving cost savings for energy users.

Lighting is an important energy end-use for which there is no standardized consumer information required to be provided to Canadians. Without this amendment, there will continue to be a lack of accurate and comprehensive information to supplement standards and support more efficient choices.

Voluntary program

NRCan uses awareness and information programs such as ENERGY STAR to increase acceptance of energy efficient equipment. The voluntary programs support the mandatory regulations. As markets for efficient products grow, MEPS can effectively eliminate the least efficient products. As MEPS are introduced, criteria for ENERGY STAR are updated to continue to recognize the top-performing products on the market. As administrator of the ENERGY STAR program in Canada, NRCan ensures that the program requirements are maintained, that products meet the stated requirements, and that specifications are updated to reflect improvements in product offerings—all in an effort to maintain the credibility of the program. Voluntary measures on their own do not guarantee market transformation.

Regulatory action

Without these Regulations, cooperation from all industry members could not be guaranteed, especially in the case of imported goods. Consequently, firms generally support the use of MEPS to ensure a level playing field.

Benefits and costs

The benefits and costs of increasing the MEPS for these products are evaluated in four parts:

(a) Benefits and costs to society. A quantitative analysis measuring the economic attractiveness to society was conducted for the products specified in the Regulations.

(b) Energy/GHG analysis. A description of the analysis of aggregate energy savings and associated reductions in GHG emissions, resulting from the Regulations.

(c) Benefits and cost to business. A qualitative discussion of the impact of the Regulations on affected manufacturers and dealers.

(d) Benefits and cost to government. A qualitative discussion of the impact of the Regulations to Government.

A summary statement is presented in the Rationale section.

Benefits and costs to society

NRCan undertook a quantitative analysis of the net benefits to society to determine the economic attractiveness of improving the energy efficiency of the products and the impact on Canadian society. The analysis examines the impact of the Regulations compared to a non-regulatory environment. The net benefits from the regulatory option are incremental over the non-regulatory option.

The analysis was conducted for units that would not meet the MEPS and that are considered to be the least efficient of their class.

Results of the analysis are presented for a single unit within each product class. This presentation methodology enables Canadians who purchase a regulated product to know whether they can expect a positive or negative economic impact over the service life of the product as a result of the energy efficiency improvement.

Methodology and assumptions

NRCan analyzed the economic attractiveness of the MEPS and the impact on Canadian society within a cost-benefit analysis framework, using the incremental cost and energy savings data associated with the various technologies that increase the energy efficiency of the benchmark products. Benchmark products are often characterized as the least efficient products available for sale in Canada.

A cost-benefit analysis framework allows for the net present value of a stream of costs and benefits to serve as the indicator of economic attractiveness. The net present value is calculated by subtracting the present value of incremental costs from the present value of incremental benefits, over the service life of the product. The incremental costs are differentials between a benchmark product price, and the cost of that product with levels of efficiency that meet or exceed those specified in the amendment. The incremental benefits are the present value of energy savings and reductions in GHG emissions associated with the efficiency improvement.

A negative net present value indicates that the efficiency improvement is not economically attractive (costs exceed benefits); whereas a net present value greater than zero indicates the efficiency improvement is economically attractive (benefits exceed costs). A net present value equal to zero indicates that society would be indifferent.

Assumptions for base case analysis

The economic analysis consisted of a base case analysis and a sensitivity analysis. Key assumptions for the base case scenario include the following:

Assumptions for sensitivity analysis

In addition to the base case analysis, sensitivity analyses were carried out on the discount rate, energy prices and combinations of the two. All sensitivity analyses were calculated from the base case.

• For the discount rate sensitivity, the base case was re-evaluated using real discount rates of 5% and 10%.
• For the energy price sensitivity analysis, Canadian average prices were substituted with high and low regional energy prices, according to Canada’s Energy Outlook: The Reference Case 2006.
• In the combined energy price–discount rate sensitivity analysis, the base case was re-evaluated under two scenarios. The first scenario combined high energy prices with the low discount rate (5%). The second scenario combined low energy prices with the high discount rate (10%). This approach broadens the range of economic attractiveness presented in the discount rate sensitivity analysis and the energy price sensitivity analysis.

Expected results

Table I summarizes the net benefits from the MEPS. The figures for each product in the table reflect one design option yielding an efficiency improvement that meets the efficiency standards contained in this amendment.

Table I: Summary of Net Benefits Analysis

Summary: Benefits and costs to society

The results of the analysis show that there are positive net economic benefits to Canada from adopting the MEPS contained in this amendment. The sensitivity analysis indicates that the results are fairly robust for a wide range of assumptions. The benefits will vary by individual user depending on end-use sector, geographical location and/or operational practices.

Based on the results in Table I and product shipment trends, the estimated net present value of benefits for all Canadians would be approximately $530 million over the service life of products shipped by 2010 and would increase to $3.4 billion over the service life of products shipped by 2020.

Energy/GHG analysis

Methodology and assumptions

The energy savings impacts associated with the Regulations were obtained by comparing

• the business-as-usual case (i.e. excluding the Regulations) with
• the impact case (i.e. the business-as-usual scenario including the Regulations).

The energy savings associated with residential gas furnaces, residential dehumidifiers, residential dishwashers, residential wine chillers, torchiere lamps, and ceiling fan lighting occur in the residential sector.

The energy savings associated with automatic commercial ice-makers, traffic and pedestrian signals, and gas unit heaters occur in the commercial sector.

The energy savings associated with commercial clothes washers and general service lighting occur in both the residential sector and the commercial sector.

The analysis was conducted for units that would not meet the MEPS and that are considered to be the most popular of their class.

Minimizing administrative burden

To ensure a level playing field for compliance and enforcement, the Regulations have administrative provisions to reduce the risk of non-compliance: third-party energy efficiency verification, energy efficiency reporting prior to import or inter-provincial transport, and import reporting (as detailed in the Compliance section below).

• Third-party energy efficiency verification. These verification programs contribute to product quality assurance by facilitating interpretation and training on testing procedures, providing public-verified ratings and efficiency marking of verified units, and systematic challenge mechanisms. For industry, these costs are typically less than 1% of the unit cost.
• Submitting energy efficiency reports prior to import or interprovincial transport. This is a one-time activity per model (facilitated by electronic reporting forms supplied by NRCan) and is generally based upon the industry’s internal inventory management systems. The burden of complying with this requirement is minimal.
• Import reporting requirements. These are minimal and are currently an integral part of the customs process due to NRCan’s early participation in Canada Border Services Agency’s (CBSA) electronic Single Window initiative. The details required to be reported are few and often typically included with the commercial import documentation already required by CBSA.

Additional benefit

General service lighting

Numerous discussions between NRCan and Industry on general service lighting have focused on a few outstanding issues. NRCan has addressed them as follows:

Harmonization

NRCan has modified its original definition of general service lamps to match that of the United States and harmonize exemptions.

Structure

NRCan is adopting the formula as described in the prepublication document of March 2008. This formula is based on efficacy (lumens per Watt) per lumen output of the lamps, and was developed based on a best fit curve of existing incandescent lamps sold in Canada today. Other approaches were being discussed but several jurisdictions such as Australia and the European Union have opted for similar type standards. NRCan feels that the alternate options promote dimmer lamps and risk “bin jumping” by the consumer. Bin jumping is the phenomenon in which consumers purchase lamps with higher wattages in order to obtain familiar light outputs. Canada’s curve approach encourages the development of high efficiency light sources with optimum energy savings.

Scope

The original lumen range covered by the MEPS included lamps with lumen outputs of 200 to 3000 lumens, which would have covered both 25-W and 150-W equivalent lamps. NRCan has adjusted this range to 250–2600 lumens to exclude them. This decision was based on two reasons: the excluded range accounts for only 2% of today’s sales and has no significant impact on energy savings; and the excluded higher lumen range (150-W equivalent) has limited high efficiency replacement lamps available on the market. NRCan will monitor the market and consider amendments to the Regulations as other high efficiency light sources become available

Timeline

In order to accommodate Industry’s concern regarding the time required to switch over production to new product lines, NRCan decided to proceed with an effective date of December 31, 2012 for lamps with lumen output lower than 1050 lumens (meaning lamps with lumen outputs equivalent to 40-W and 60-W lamps).

Modified spectrum lamps

After discussion with manufacturers, NRCan has agreed to proceed with a 25% reduction in lamp efficacy for modified spectrum lamps. However, lamps subject to this reduced standard have been more clearly defined so that they will not be directly substituted for higher efficiency general service light bulbs. NRCan will closely monitor sales and consider amendments to the Regulations, as required.

NRCan also received comments from the International Association of Lighting Designers (IALD) regarding the cost efficiency of replacement lamps, the non-applicability of CFLs in all sockets, the existing electrical infrastructure, the better use of daylight and control systems, life cycle evaluation of high efficiency lamps, and the need to meet lighting goals by various technologies, including incandescent lamps. Issues directly related to the standard had been raised in earlier consultations and addressed in these Regulations. The CFL related issues are addressed in the Consumer concerns section of this RIAS.

NRCan also gives notice that it will address the following points after the Regulations are published:

• Verification of the performance of general service lamps will be addressed in a future amendment, and
• NRCan has chosen to not include a second, more stringent standard in this amendment, but gives notice of intent to work with stakeholders over the next few years to arrive at an acceptable level and timeline. Improvements in the quality of CFLs and other highly efficient lighting technologies such as LED are expected to prepare the market for a more stringent level of energy performance.

NRCan has also been following the activity of other implicated departments addressing concerns about CFLs. The status of this activity is as follows:

Verification marking and energy efficiency reporting

For products prescribed under the Energy Efficiency Regulations, NRCan employs a third-party verification system using the services of certification organizations accredited by the Standards Council of Canada. Verified energy performance data will be submitted to NRCan by the dealer in an energy efficiency report as specified in Part V and Schedule IV of the Energy Efficiency Regulations. This is only required once for each model, before importation or inter-provincial shipment.

For lamp labelling of general service lamps and compact fluorescent lamps, verification marking is not required as per the consultation portion of this document. For general service lamp MEPS, the requirements for verification marking will be dealt with in a subsequent amendment.

Customs reporting and monitoring

NRCan’s procedures for commercial imports of prescribed products will apply to products prescribed under the Regulations.

This involves cross-checking data received from customs release documents with the energy efficiency reports that dealers submit to NRCan. This cross-checking ensures that NRCan can verify the compliance of imports clearing customs.

The Regulations will require importations of prescribed product to provide in their customs release documents, the minimal information needed for customs monitoring.

Direct fieldwork: Market survey and product testing

NRCan will conduct product testing on a complaint-driven basis. The market is highly competitive and suppliers are cognizant of performance claims made by their competitors. Challenge procedures by which performance claims can be questioned exist in all verification programs.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a Preliminary Strategic Environmental Assessment (SEA) was conducted for the Regulations. Elements of this amendment have undergone environmental analysis via a previous detailed SEA in 2008 — Bill to Amend the Energy Efficiency Act. Moreover, the analysis of environmental impacts is ongoing and inherent to the program. Expected outcomes, including greenhouse gas reductions and associated environmental impacts, are detailed in the Benefits and costs section of this document.

Conclusion

An appropriate level of compliance with the Regulations will result from support by North American manufacturers, third-party verification, customs monitoring, cooperation with regulating provinces, communication activities, market surveys, and product testing as required.

Performance measurement and evaluation

Situation

As noted, these Regulations are the first of those announced as part of the Energy Efficiency Standards and Labelling component of CARA. As such it will be subject to the performance management strategy as outlined in the CARA Treasury Board submission and the Horizontal Results-based Management Accountability Framework prepared for CARA.

Detailed accounts of progress towards this objective will be found in departmental business plans, reports on plans and priorities, and the Report to Parliament under the Energy Efficiency Act.

For the Energy Efficiency Standards and Labelling program as a whole, key activities and outputs are identified, expectations quantified, ongoing data collection from program files maintained, appropriate targets defined. Feedback on the status of all activities is provided to the program on a continuous basis.

Evaluation

A formal evaluation of the Energy Efficiency Standards and Labelling program has been proposed by NRCan’s departmental evaluation authorities to commence in 2009 and continue to 2010. Given this timing, the impact of this amendment will be just beginning for some products and not yet in effect for others.

• The evaluation will likely focus on the historical effects of the program to determine, in a general sense, the relevance and cost effectiveness of MEPS and labelling programs.
• The key question is: To what extent were the standards successful in transforming equipment markets such that more energy efficient equipment was introduced faster than would have been likely without the standards?
• More specific questions would include the following:

N To what extent were the impacts incremental to normal market improvement?

N To what extent was the standards development process transparent and inclusive?

N With respect to labelling and the lamp labelling provisions of these Regulations, to what extent has the awareness of Canadians changed regarding the environmental/ energy implications of energy efficiency?

• Answers to these questions would be determined by interviews with program managers, staff and stakeholders (including but not limited to business and related associations, consumer groups, provincial governments), program data, and ongoing regulatory analysis of various markets. Systematic consumer surveys have been conducted in the past and more are planned as are consultations with industry and utility stakeholders.

Contacts

John Cockburn
Director, Equipment Division
Office of Energy Efficiency
Natural Resources Canada
1 Observatory Crescent, 2nd Floor
Ottawa, Ontario
K1A 0E4
Telephone: 613-996-4359
Fax: 613-947-5286
Email: equipment@nrcan.gc.ca

For information on Benefits and costs to society and Energy / GHG analysis please write to:

Glen Ewaschuk
Senior Economist Demand Policy and Analysis Division
Office of Energy Efficiency, 18th Floor
580 Booth Street
Ottawa, Ontario
K1A 0E4
Email: equipment@nrcan.gc.ca