Extended NOx testing for boilers and heaters

Summary#

This is a proposed change to the Regulations Amending the Multi-Sector Air Pollutants Regulations (the Multi-Sector Air Pollutants Regulations (MSAPR)). It would give owners more time and more flexible ways to test older industrial boilers and heaters for nitrogen oxides (NOx), so some units that were automatically put in the worst performance class can be re-tested and reclassified by December 31, 2025. The government estimates this could avoid about $14,483,047 in unnecessary retrofit costs.

What it does#

• Extends the deadline to complete a classification NOx test for certain older boilers and heaters to December 31, 2025.
• Lets test runs be shorter or run at lower power if a full 30-minute test or running at 60% rated capacity would damage equipment or risk people’s safety.
• Removes some physical testing details that caused problems (for example, a specific porthole location requirement).
• Lowers the required methane purity for testing fuel from 90% to 85% by volume.
• Stops requiring that a boiler’s “rated capacity” be fixed at its commissioning date; it can instead be taken from the nameplate or manufacturer documents.
• Adds rules to allow testing at a shared (common) stack and explains how to split results among devices that share that stack.
• Allows re-determination of units that were assigned 80 g/GJ by election, using stack or continuous monitoring tests carried out in the new testing window.
• The amendments would come into force when they are registered (i.e., on the day of final registration).

Who's affected#

• Operators and owners of the boilers and heaters covered by MSAPR Part 1. About 1,300 boilers and heaters are subject to Part 1, but the amendment mainly targets the subset that missed valid testing.
• Specifically, the government identified 324 pre-existing units with no valid test as of August 2024 and estimates 218 of those could be meaningfully reclassified if retested. At least 41 of those had confirmed testing or safety issues that blocked proper testing.
• The biggest industry impacts are in oil and gas (about 158 of the 218), oil sands (30), and smaller numbers in chemicals, pulp and paper, potash and power plants. Most affected units are in Alberta.
• The proposal says it does not affect identified small businesses and is not expected to have direct impacts on Indigenous rights or modern treaty obligations.

Why it matters#

• Without these fixes, units that missed earlier tests were automatically put into the worst class and would face a strict NOx limit of 26 g/GJ starting January 1, 2026. That could force costly and sometimes unnecessary retrofits or replacements.
• The changes aim to avoid unnecessary capital spending and safety risks during testing. The government estimates avoided retrofit costs of about $14,483,047 and only modest additional testing and administrative costs (totaling about $111,217 in the analysis).
• There is a trade-off: by letting some units delay or avoid upgrades, the amendments could lead to up to 25,333 tonnes more NOx emitted over 2025–2035 compared with the stricter baseline where all affected units are treated as worst-class.
• The underlying emission limits and long-term targets do not change — this is about fixing testing rules so classifications reflect actual performance and so tests can be done safely.