Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations (SOR/2010-201)

Marginal note:Subsection 153(2) of the Act

38. For greater certainty, a company that imports a vehicle or applies a national emissions mark to it under subsection 153(2) of the Act is not required to provide the Minister with the evidence of conformity referred to in subsection 37(1) before importing it or applying a national emissions mark to it, but must provide that evidence in accordance with subsection 153(2) of the Act before the vehicle leaves the possession or control of the company and before it is presented for registration under the laws of a province or an aboriginal government.

Marginal note:Records — fleets

• 39. (1) A company must maintain records containing the following information for each of its fleets:

  • (a) the model year;

  • (b) the applicable fleet average CO₂ equivalent emission standard;

  • (c) the fleet average CO₂ equivalent emission value;

  • (d) all the values and data used in calculating the fleet average CO₂ equivalent emission value, including information relating to the calculation of allowances; and

  • (e) all the values used to calculate the CO₂ emission credits, the credits obtained in respect of a temporary optional fleet and the early action credits.

• Marginal note:Records — vehicles

  (2) A company must maintain records containing the following information for each vehicle in the fleet referred to in subsection (1):

  • (a) the model type and model year;

  • (b) the applicable fleet average CO₂ equivalent emission standard;

  • (c) in the case of a vehicle covered by an EPA certificate, the applicable test group described in subpart S of Title 40, chapter I, subchapter C, part 86, of the CFR;

  • (d) the name and street address of the plant where the vehicle was assembled;

  • (e) the vehicle identification number;

  • (f) the applicable carbon-related exhaust emission value and all values and data used in calculating that value; and

  • (g) the name and street or mailing address of the first purchaser of the vehicle in Canada.

Marginal note:Maintenance of records

• 40. (1) A company must maintain, for vehicles of each model year, in writing or in a readily readable electronic or optical form,

  • (a) for a period of at least eight years after the end of the calendar year that corresponds to the model year in question, a copy of the reports referred to in sections 31 to 33;

  • (b) for a period of at least eight years after the date on which the main assembly of the vehicle was completed, the evidence of conformity referred to in section 36; and

  • (c) for a period of at least eight years after the end of the calendar year that corresponds to the model year in question, the records referred to in section 39.

• Marginal note:Records maintained on behalf of a company

  (2) If the evidence of conformity, the records and the copy of reports referred to in subsection (1) are maintained on behalf of a company, the company must keep a record of the name and street address and, if different, the mailing address of the person who maintains those records.

• Marginal note:Written request for records

  (3) If the Minister makes a written request for the evidence of conformity or the records referred to in subsections (1) and (2), or a summary of any of them, the company must provide the Minister with the requested information, in either official language, within

  • (a) 40 days after the request is delivered to the company; or

  • (b) if the evidence of conformity or records referred to in section 36 or 37 must be translated from a language other than French or English, 60 days after the request is delivered to the company.