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Consultation on the oversight of Level 1 and Level 2 electric vehicle charging devices already in service

Current status: Closed

This consultation was closed on .

Purpose

We are looking for input into our strategy for allowing the continued use and oversight of Level 1 and Level 2 electric vehicle (EV) charging devices already deployed in the Canadian marketplace.

Background

In parallel with other jurisdictions across the world and in consultation with international metrological organizations, industry, associations and other stakeholders, Measurement Canada is establishing specifications for the design, manufacture, performance and use of EV charging devices in the Canadian marketplace, and is preparing to make these specifications available in the very near future.

The Electricity and Gas Inspection Act requires that when electricity is sold based on a measured quantity (e.g. kilowatt hour or kWh), the measurement device must be type-approved by us for use in Canada. Consequently, EV charging devices that include a metering function used to establish a bill for the energy consumed by an EV during a recharging event will soon be required to be approved for use.

Even though devices already deployed across Canada and used for commercial transactions at EV charging stations are designed and built according to various international specifications and best practices, they have not yet been approved by Measurement Canada for use in Canada. As of January 2022, there are over 6,690 EV charging sites across Canada (with over 15,560 EV charging ports). In addition, the Government of Canada committed $300 million over four years for a zero-emission vehicle infrastructure (Budget 2019/Fall Economic Statement 2020), which is fueling growth in this marketplace sector and continued expansion of the EV charging network across Canada.

Scope

The proposed policy options in this document apply to Level 1 and Level 2 commercial EV charging stations used for the purpose of delivering or receiving electricity.

This consultation does not apply to devices used primarily for the purpose of charging electric vehicles in a residential setting, such as:

Policy considerations

To assist early adopters of EV technology, foster continued growth in the clean fuel sector, and support government-wide clean fuel initiatives, Measurement Canada must establish an oversight policy to allow the continued use of the large population of EV charging devices already in use, until such a time as charging station operators in the Canadian marketplace are able to update and submit their existing EV charging devices for type-approval and verification, or replace them with type-approved devices.

Once EV charging device specifications are established, EV charging station operators will be required to sell electricity on the basis of a measured quantity (kWh), and not on the basis of time as they do today. However, given the large number of EV chargers already in the Canadian marketplace, we are seeking a solution to allow for the continued use in the marketplace of these devices without imposing an immediate pressure on businesses and consumers to meet the new specifications. Additionally, we must manage the approval and verification of this large population of devices using a measured, risk based approach in order to address future resource demands on our own organization. One way to facilitate this transition is through the use of a temporary dispensation issued in accordance with the Electricity and Gas Inspection Act, which would ensure a defined and gradual implementation roadmap to full compliance. Or alternatively, EV charging station operators may choose to fully conform to the new EV charging device specifications, therefore avoiding participation in any temporary dispensation program. Any EV charging devices not subject to the temporary dispensation or the type approval process will be considered not legal for trade after policy implementation.

In considering various options concerning the continued use of currently deployed EV charging devices, we must ensure that the approach is fair, transparent and workable for all stakeholders. In particular, the chosen approach must consider:

Proposed options

Option 1 – Temporary dispensation for Level 1 & Level 2 electric vehicle charging devices put into service prior to January 1, 2023

  • Any EV charging device in service prior to January 1, 2023 is eligible for a temporary dispensation under the Electricity and Gas Inspection Act, subject to terms and conditions that will remain in effect until, no later than December 31, 2029, the device is verified as fully conforming to the EV charging device specifications or removed from service.
  • EV charging devices put into service on or after January 1, 2023 must comply with all applicable Measurement Canada requirements for EV charging devices and are not eligible for a temporary dispensation from the Electricity and Gas Inspection Act.
  • Starting on January 1, 2030, all EV charging devices are required to be verified as fully conforming to EV charging device specifications.

Key points of option 1:

  • Phase 1 - Prior to January 1, 2023, EV charging station operators wishing to continue using non type-approved EV charging devices to sell electricity on the basis of kilowatt hours (kWh) must apply for a Certificate of Registration in accordance with requirements set out in Electricity and Gas Inspection Regulations. They must also provide Measurement Canada with a list of both Canadian type-approved and non-type approved EV charging devices it currently has deployed in the Canadian marketplace.
  • Phase 2 – Prior to January 1, 2023, EV charging devices identified as previously deployed in the Canadian marketplace are subject to a temporary dispensation granting the EV charging station operator permission to use them without verification or sealing of the EV charging devices, under certain terms and conditions (see Appendix A for a list of proposed terms and conditions).
  • The temporary dispensation expires on January 1, 2030.
  • The temporary dispensation will be cancelled if, at any time during the dispensation:
    • an EV charging station operator fails to meet the terms and conditions set by Measurement Canada;
    • the EV charging device is removed from service; or
    • a new Certificate of Registration is issued, at which time the EV charging device must be verified in accordance with the EV charging device specifications.

Option 2 – Temporary dispensation for Level 1 & Level 2 electric vehicle charging devices put into service prior to January 1, 2025

  • Any EV charging device in service prior to January 1, 2025 is eligible for a temporary dispensation under the Electricity and Gas Inspection Act, subject to terms and conditions that will remain in effect until, no later than December 31, 2029, the device is verified as fully conforming to the EV charging device specifications or removed from service.
  • EV charging devices put into service on or after January 1, 2025 must comply with all applicable Measurement Canada requirements for EV charging devices and are not eligible for a temporary dispensation from the Electricity and Gas Inspection Act.
  • Starting on January 1, 2030, all EV charging devices are required to be verified as fully conforming to EV charging device specifications.

Key points of option 2:

  • Phase 1 - Prior to January 1, 2025, EV charging station operators wishing to continue using non type-approved EV charging devices to sell electricity on the basis of kilowatt hours (kWh) must apply for a Certificate of Registration in accordance with requirements set out in Electricity and Gas Inspection Regulations. They must also provide Measurement Canada with a list of both Canadian type-approved and non-type approved EV charging devices it currently has deployed in the Canadian marketplace.
  • Phase 2 - Prior to January 1, 2025, EV charging devices identified as previously deployed in the Canadian marketplace are subject to a temporary dispensation granting the EV charging station operator permission to use them without verification or sealing of the EV charging devices, under certain terms and conditions (see Appendix A for a list of proposed terms and conditions).
  • The temporary dispensation expires on January 1, 2030.
  • The temporary dispensation will be cancelled if, at any time during the dispensation:
    • an EV charging station operator fails to meet the terms and conditions set by Measurement Canada;
    • the EV charging device is removed from service; or
    • a new Certificate of Registration is issued, at which time the EV charging device must be verified in accordance with the EV charging device specifications.

Option 3 – Temporary dispensation for multi-phased implementation

  • Any EV charging device in service prior to January 1, 2030 is eligible for a temporary dispensation under the Electricity and Gas Inspection Act, subject to terms and conditions that will remain in effect until, no later than December 31, 2029, the device is verified as fully conforming to the EV charging device specifications or removed from service.
  • Starting on January 1, 2030, all EV charging devices are required to be verified as fully conforming to EV charging device specifications.

Key points of option 3:

  • EV charging station operators using the temporary dispensation for EV charging devices must meet the terms and conditions of the applicable phase described below, based on when the EV charging device is put into service.
  • Phase 1 - Prior to January 1, 2023, EV charging station operators wishing to continue using non type-approved EV charging devices to sell electricity on the basis of kilowatt hours (kWh) must apply for a Certificate of Registration in accordance with requirements set out in Electricity and Gas Inspection Regulations. They must also provide Measurement Canada with a list of both Canadian type-approved and non-type approved EV charging devices it currently has deployed in the Canadian marketplace.
  • Phase 2 – January 1, 2023 to December 31, 2025 (3 years) – Non type-approved EV charging devices are eligible for a temporary dispensation granting the EV charging station operator permission to put into service without verification and sealing these charging devices, if the operator demonstrates that they meet the terms and conditions of the temporary dispensation (see Appendix A for a list of proposed terms and conditions).
  • Phase 3 – January 1, 2026 to December 31, 2029 (4 years) – EV charging station operators using the temporary dispensation option can continue to put into service without verification and sealing these unapproved meters, if the operator:
    • completes the requirements of Phase 1 and, within 6 months of being issued a Certificate of Registration;
    • demonstrates that they meet or continue to meet the terms and conditions for phase 2; and
    • meets the additional terms and conditions of Phase 3 (see Appendix A for a list of proposed terms and conditions).
  • The temporary dispensation expires on January 1, 2030.
  • The temporary dispensation will be cancelled if, at any time during the dispensation:
    • an EV charging station operator fails to meet the terms and conditions set by Measurement Canada;
    • the EV charging device is removed from service; or
    • a new Certificate of Registration is issued, at which time the EV charging device must be verified in accordance with the EV charging device specifications.

Temporary dispensation notes

  • A temporary dispensation is a regulatory instrument authorized by Section 9.2 of the Electricity and Gas Inspection Act. It is used to grant permission to charging station operators to put into service, without verification and sealing or without sealing, of any meter or any class, type or design of meter on a temporary basis. Temporary dispensations are subject to the terms and conditions specified by the President of Measurement Canada and in force for a specified period of time.
  • At any point, an EV charging station operator may have their unapproved EV charging devices verified as fully conforming to the EV charging device specifications, therefore ending their participation in the temporary dispensation program.

Appendix A – Proposed terms and conditions

  1. Proposed terms and conditions of a temporary dispensation described in Option 1, Option 2 and Phase 2 of Option 3 shall include but are not limited to the following:
    1. EV charging station operators ensure that, for the duration of the temporary dispensation, eligible EV charging devices, at a minimum:
      1. Supply electricity to the purchaser within an acceptable limit of error of ±3% and provide evidence (as requested by us) that the EV charging device has been tested using an acceptable method and standard as defined by Measurement Canada;
      2. Use the watt hour, or any multiple or submultiple of the watt hour, as the unit of measurement for the sale of electricity;
      3. Are equipped with a means to display legally-relevant information that is either connected to an integral, remote and/or non-connected system (i.e. remote register), or an information storage system such as the Cloud network;
      4. Provide receipts and keep records of transactions for a period of time that is no less than 24 months; and
      5. Display placards stating that the EV charging device does not meet the full requirements of the Measurement Canada approved specifications.
    2. EV charging station operators put in place a process for dealing with customer complaints that at a minimum:
      1. Records complaints from purchasers;
      2. Makes inquiries of the purchaser who made the complaint and of any person who could reasonably be expected to have knowledge relevant to the matter;
      3. Examines any records related to the EV charging device that is the subject of the complaint;
      4. Tests the EV charging device that is the subject of the complaint;
      5. Documents the results of the test and provides a copy of the results to the purchaser who made the complaint;
      6. Keeps records of all complaints, investigation summaries and test results until January 1, 2030;
      7. Makes records available to Measurement Canada upon request; and
      8. Institutes corrective measures to address a failure to meet the terms and conditions of the temporary dispensation, discovered as a result of the complaint investigation process.
    3. Upon agreeing to the terms and conditions of the temporary dispensation and every 12 months subsequently, EV charging station operators must test a minimum of 10% of their devices to verify that they are supplying electricity within the prescribed limit of error. Year-over-year sample batches must be comprised of devices not tested previously. EV station operators must also maintain records including the results of these tests, and provide those records to Measurement Canada when requested.
  2. Proposed terms and conditions of a dispensation described in Phase 3 of Option 3 shall include but not be limited to the following:
    1. EV station operators ensure that, in addition to continue meeting the terms and conditions of Phase 2, EV charging devices at a minimum:
      1. Display increments of significant figures;
      2. Include a billing and display structure which outlines the unit price of electricity sold or billed, with separate categories of billing type. Where the EV charging device display is not capable of presenting this information, a placard showing this data shall be posted in a visible location on the device;
      3. Provide a means for legally relevant software and firmware verification; and
      4. Include digital sealing and event logging provisions as stipulated in S-EG-05 and S-EG-06, as well as non-digital sealing provisions.

Providing feedback

Comments and details of any proposed changes to the policy options described above must be sent to mcfeedback-retroactionmc@ised-isde.gc.ca

This consultation will close on June 22, 2022.

Contact us

If you have any questions regarding this consultation, please contact us at:

mcfeedback-retroactionmc@ised-isde.gc.ca

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