HRAI and AHRI Submit Guidance Document to NRCan on Regulatory Harmonization

As members are likely aware, on January 1, 2023, the U.S. Department of Energy (DOE) Appendix M1 test standard (a Uniform Test Method for Measuring the Energy Consumption of Central Air Conditioners and Heat Pumps) will come into force.  Manufacturer members remain deeply concerned that Canada will face a severe supply chain disruption for high-efficiency HVACR equipment after January 1, 2023 if Amendment 17 does not fully harmonize energy efficiency regulations between Canada and the United States.  Because the final version of Amendment 17 has not yet been published in Gazette II, there is no certainty that key industry concerns have been addressed. 

HRAI and AHRI are pro-actively working to ensure that this sort of uncertainty is eliminated in the future.  On December 9, 2022, HRAI and AHRI submitted a “guidance document” to Natural Resources Canada.  Given the record-breaking pace of upcoming DOE rulemakings and the proposed updates to HVACR products under NRCan’s Amendments 18 and 19, the guidance document recommends the following actions to ensure complete regulatory harmonization going forward: 

  • Establish and follow time-bounded, binding procedures to review and adopt appliance efficiency standards promulgated by the DOE. Specifically,  

  • NRCan should adopt amended energy conservation standards at the new efficiency level adopted by DOE as the uniform national standard for such equipment, unless NRCan can establish, with support of clear evidence, that a more-stringent standard would result in significant additional energy conservation could be technologically feasible and economically justified.  

  • NRCan should issue, not later than 12 months after the date of publication of the amendment of a DOE final rule, an analysis of more-stringent U.S. standard and/or test procedure as applicable to Canada.  

  • NRCan should issue, not later than 6 months of the publication of the analysis of the DOE rule, either a final rule, completely harmonized with the U.S. final rule on test procedure, standards, and effective dates, or a proposal for diverging standards and/or test procedures, supported by clear and convincing evidence, that a more-stringent standard would result in significant additional conservation of energy and is technologically feasible and economically justified.  

  • Establish guidance for when an amended test procedure may be used to test, rate and certify products prior to the compliance date for new standards. We recommend harmonizing with DOE guidance on the matter. 

  • Establish a procedure for accepting DOE test procedure waivers for appliances and commercial equipment. 

HRAI and AHRI also requested that Minister of Natural Resources Jonathan Wilkinson utilize either the ministerial regulations authority or another process to implement these recommendations and ensure that all future regulatory amendments to Canada’s Energy Efficiency Regulations contain a coming into force period.  

For members who may not be aware, once Amendment 17 comes into force, the Ministerial Regulatory Authority will permit the Minister to make discretionary changes to the regulations in order to maintain “harmonization of requirements for energy efficiency standards and testing standards … and information that must be provided by dealers under section 5 of the Energy Efficiency Act with requirements of another jurisdiction (usually the United States).  

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

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