On February 6, 2017 Ontario Regulation 20/17, Reporting of Energy Consumption and Water Use was filed and published on e-Laws. The regulation outlines what building owners and utilities must do to comply with Ontario’s Large Building Energy and Water Reporting and Benchmarking (EWRB) initiative. The regulation will come into force on July 1, 2017.
The regulation was enabled by the Energy Statute Law Amendment Act, 2016, which came into force on July 1, 2016, and which included amendments to the Green Energy Act, 2009 that provide for implementation of the initiative through regulation.
Links to the Energy Statute Law Amendment Act, 2016, Green Energy Act, 2009 and Ontario Regulation 20/17, Reporting of Energy Consumption and Water Use are available below as part of this notice. Links to Ontario’s EWRB webpage and Regulation Guidelines are also available below as part of this notice, which provide further detail regarding the Large Building EWRB regulation and its implementation.
Ontario’s Large Building EWRB policy includes the following elements:
Privately owned buildings that are 50,000 square feet and above, including commercial, multi-unit residential (with more than 10 units) and some industrial buildings (such as warehouses and industrial condominiums), are required to report their building, energy, water and Greenhouse Gas (GHG) emission data to the Ministry of Energy on an annual basis.
Most industrial buildings, including manufacturing facilities and all agricultural facilities, government (federal and provincial), government agency and publicly-owned buildings, as well as data centers, television studios and trading floors are not required to report under the regulation.
Building owners can be eligible for an exemption from the requirement to report on an ongoing or annual basis in certain circumstances, such as if the building is experiencing financial hardship, has low occupancy, is newly constructed, or if its energy and water consumption is a function of the system processes or equipment operations.
The reporting requirement will be phased-in over three years. The first reporting deadline is July 1, 2018, starting with buildings that are greater than or equal to 250,000 square feet, according to the following schedule:
Phased Mandatory Reporting Timeline Commercial / Industrial Multi-Unit Residential
By July 1, 2018 (information for the 2017 calendar year) 250,000 square feet and larger No reporting in first year
By July 1, 2019 (information for the 2018 calendar year) 100,000 square feet and larger 100,000 square feet and larger
By July 1, 2020 (information for the 2019 calendar year) 50,000 square feet and larger 50,000 square feet and larger
Building owners will use ENERGY STAR Portfolio Manager - a free, secure, web-based energy rating tool, to report building data on an annual basis.
The types of data elements that building owners are required to report on an annual basis include:
- Monthly energy and water consumption and performance data (e.g. energy and water use intensity and ENERGY STAR score, where available)
- GHG emissions and intensity; and
- Building characteristic information, such as gross floor area.
Electricity, natural gas and water utilities are also required to make whole building consumption data available to building owners or their agents so they are able to comply with the requirement.
The Ministry of Energy will publicly disclose a subset of the data reported by building owners on Ontario’s Open Data website on an annual basis including property identification and building performance information such as ENERGY STAR score, energy, water and greenhouse gas intensity and building age.
The Ministry of Energy will not publicly disclose a subset of the data it collects on a building-by-building basis, including total energy and water use, GHG emissions and gross floor area. The Ministry of Energy will also not publicly disclose the first year of reported data for each of the three roll-out phases, to provide an opportunity for building owners to gain experience with reporting before their data is made publicly available.
Upon request, the Ministry of Energy will share information collected including data not publicly disclosed on a building by building basis (except Municipal Property Assessment Corporation (MPAC) codes and assessment roll numbers) with government ministries and government organizations, agencies, boards, commissions as well as consultants acting on behalf of these organizations, so the data can be used to inform their policy and program development.
Buildings that are 100,000 square feet and larger will be asked to have their data verified by an accredited or certified professional in the first year they are required to report, and every five years thereafter to ensure the reliability of publicly-reported data.
Data verifiers may be in-house building staff members or third-party professionals. The verifying professional must have an accreditation or certification from a recognized body in Canada or the United States that qualifies the person to perform data verification with respect to the information required to be reported by the building owner such as energy consumption, water use, gross floor area and other building characteristics.
Data verification by an accredited or certified professional will be on a voluntary basis for buildings that are 50,000 square feet to less than 100,000 square feet.
The Ministry of Energy will produce and publish reports that summarize key findings from the energy, water and GHG usage and performance data it collects.
The Ministry of Energy is developing education and training materials to provide support to building owners and managers, so that compliance with the regulation is simple and straightforward. The Ministry will also be engaging building sector partners to support EWRB implementation.
More information will be available in 2017 on the Ministry’s Large Building EWRB webpage.
Questions regarding this initiative can be submitted to the Ministry using the following email address: EWRBsupport@ontario.ca.