HRAI – AHRI to Submit Comments to NRCan on Amendment 17

As members may be aware, on April 2, 2022, Natural Resources Canada pre-published Amendment 17 to Canada’s Energy Efficiency Regulations in Canada Gazette, Part I

The proposed amendments will update energy efficiency and testing standards for split system/single-package central air conditioners and heat pumps to align with U.S. Department of Energy Appendix M1 requirements, which are set to come into force on January 1, 2023.

The formal comment period will conclude on June 11, 2022. If passed, the Amendment would come into force six months after the date of publication in Canada Gazette, Part II, which is expected to be published sometime this fall.

Amendment 17 would make minor changes to the scope and reporting requirements or provide alternative testing standards for other currently regulated products “to ensure that the Energy Efficiency Regulations … align with the U.S. requirements more clearly where already intended.”  It would also “specify energy-using products in order for the Minister of Natural Resources … to be able to exercise the ministerial regulations authority … to maintain harmonization between requirements set out in another jurisdiction.”

The Amendment lists 60 energy-using products set for specification under the ministerial regulations authority, although it is not clear from the regulatory text how this change to the ministerial regulations authority will make future regulatory discussions or harmonization efforts more efficient and timely.  HRAI is scheduled to meet with senior NRCan officials on June 10, 2022 to clarify this particular issue for members.

While the intent of Amendment 17 is to align central air conditioners and heat pumps with Appendix M1 requirements, NRCan is seeking the following adjustments in its proposal:

  • The optional -15oC (5oF) test point in the U.S. DOE test procedure would become mandatory in Canadian regulations.
  • The HSPF2 metric that is used to evaluate compliance would be based on Climate Region V (for calculation of the performance metric in the test standard).

NRCan wants the optional test point to be made mandatory in Canadian energy efficiency regulations because it wants to assure consumers that products will function reliably in cold climate conditions.

This proposal has created some concern among manufacturer members.  Many believe this deviation will impose significant cost and compliance burdens on manufacturers, compelling members to retest already M1-rated products, ultimately risking product shortages in Canada.

Over the course of April and May, HRAI-AHRI staff have worked with members, primarily from AHRI’s Unitary Regulatory Committee, to develop comments in preparation for the June 11, 2022 deadline.

After extensive discussion with members, HRAI and AHRI are set to submit final comments on June 3, 2022 in which we will request Natural Resources Canada to fully harmonize with US DOE Appendix M1 requirements.

On March 10 and June 7, 2021, HRAI and AHRI also submitted joint comments advising NRCan to reconsider its proposal and directly harmonize with Appendix M1. It is the position of industry that NRCan’s deviations from Appendix M1 are in direct contradiction to the spirit and intent of Amendment 17.

In the regulatory impact analysis statement attached to Amendment 17, NRCan argues that “if Canada does not amend the Regulations, its requirements would become misaligned with key testing standards from the United States Department of Energy, which could impact cross-border trade, would require companies to test differently for Canada, and ultimately increase costs for citizens, businesses and economies. In addition, in the absence of a regulatory approach, a market for low-efficiency products would continue.”

But members believe this is exactly what NRCan is risking if it does not directly harmonize with Appendix M1.

HRAI will publish final joint comments in our next newsletter on June 9, 2022.

If you have any questions or concerns, contact Stephen Chartrand at 1-800-267-2231 ext. 276 or email

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