Natural Resources Canada ("NRCan") published Amendment 18 to the Energy Efficiency Regulations in 2016 — one of the most comprehensive updates since the regulations' inception. This update reshapes the regulatory landscape for energy efficiency and water conservation in Canada. Success for stakeholders in the Canadian market requires proactive engagement with requirements, strategic product development aligned with timelines, and robust compliance systems.

Amendment 18 introduces new regulated product categories, updates existing regulated products requirements, and implements "ambulatory incorporation by reference" for some products to automatically adopt future United States (U.S.) Department of Energy ("DOE") regulatory updates without requiring Canadian rulemakings. Products that don't comply cannot be legally imported into Canada or shipped interprovincially for sale by manufacturers, private labelers, and distributors. For specifiers, incorporating non-compliant products will cause construction delays, substitution costs, and liability issues.

The Regulated Product Categories

New Requirements Compliance Dates

Many products feature an early compliance option allowing voluntary adoption before mandatory dates, so an in-depth product analysis should be performed.

Harmonization with International Standards

For performance requirements, NRCan selected alignment with the U.S. DOE's or the state of California's requirements. For most products, NRCan streamlines compliance by the ambulatory incorporation of U.S. DOE performance and testing requirements. However, plumbing supply fittings align with California's performance requirements and use the U.S. DOE's testing requirements. Additionally, NRCan uses Technical Standards Documents published in both official languages to reproduce, combine, and adapt U.S. product standards, guidance, and requirements, which may include Canadian regional modifications. In theory, these Canadian harmonization efforts will allow products tested for U.S. markets to demonstrate Canadian compliance, thereby reducing cross-border complexity.

Product Registration and Certification Requirements

Manufacturers may be required to register their products and provide technical information to NRCan, including performance outcomes per specified test procedures. Products may require third-party verification services from a select list of Standards Council of Canada-accredited organizations for verified energy performance through an energy efficiency report. Additionally, products may require a Canadian energy efficiency verification mark label on the product or packaging before interprovincial shipment or importation.