Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33)

Marginal note:Nature of marks

• 150. (1) The national emissions marks are national trade-marks.

• Marginal note:Property rights

  (2) The exclusive property in and, except as otherwise provided in this Division, the right to use a national emissions mark are hereby vested in Her Majesty in right of Canada.

• Marginal note:Prohibition

  (3) No person shall use a national emissions mark except in accordance with this Division and the regulations.

• Marginal note:Confusing marks

  (4) No person shall use any other mark in such a manner that it is likely to be mistaken for a national emissions mark.

Marginal note:Use of marks

151. A company authorized by the Minister may, subject to this Division and the regulations, apply a national emissions mark to vehicles, engines or equipment.

Marginal note:Transportation within Canada

152. No company shall transport within Canada a prescribed vehicle, engine or equipment that does not have a national emissions mark applied to it.

Marginal note:Compliance by companies

• 153. (1) No company shall apply a national emissions mark to any vehicle, engine or equipment, sell any vehicle, engine or equipment to which a national emissions mark has been applied or import any vehicle, engine or equipment unless

  • (a) the vehicle, engine or equipment conforms to the standards prescribed for vehicles, engines or equipment of its class at the time its main assembly or manufacture was completed;

  • (b) evidence of such conformity has been obtained and produced in the prescribed form and manner or, if the regulations so provide, in a form and manner satisfactory to the Minister;

  • (c) prescribed information relating to standards for emissions from the vehicle, engine or equipment has been submitted to the Minister in the prescribed manner;

  • (d) information is marked on the vehicle, engine or equipment in accordance with the regulations;

  • (e) if required by the regulations, prescribed documentation or accessories accompany the vehicle, engine or equipment;

  • (f) prescribed information relating to the operation or use of the vehicle, engine or equipment is disseminated in the prescribed form and manner;

  • (g) records are maintained and furnished in the prescribed form and manner in relation to the design, manufacture, testing and field performance of the vehicle, engine or equipment, for the purpose of

    • (i) enabling an enforcement officer to determine whether the vehicle, engine or equipment conforms to all prescribed standards applicable to it, and

    • (ii) facilitating the identification and analysis of defects referred to in subsection 157(1); and

  • (h) in the case of engines and equipment, the company maintains a registration system in the prescribed form and manner.

• Marginal note:Exception

  (2) Except as otherwise provided by the regulations, subsection (1) does not apply with respect to the application of a national emissions mark or an importation referred to in that subsection if the requirements under that subsection are met before the vehicle, engine or equipment leaves the possession or control of the company and, in the case of a vehicle, before the vehicle is presented for registration under the laws of a province or an aboriginal government.

• Marginal note:Certification by foreign agency

  (3) Any vehicle, engine or equipment is deemed to conform to a prescribed standard if

  • (a) the regulations provide that an enactment of a foreign government corresponds to that standard; and

  • (b) a prescribed agency of that government has certified that the vehicle, engine or equipment conforms to the enactment as applied by the agency, unless the Minister determines otherwise.