On-Road Vehicle and Engine Emission Regulations (SOR/2003-2)

1.1 For the purposes of these Regulations, a vehicle or engine of a specific model year that is sold in Canada is considered to be sold concurrently in Canada and in the United States if a vehicle or engine of that model year that belongs to the same test group or engine family is offered for sale in the United States during the 365 days preceding

• (a) in the case of a vehicle or engine that is imported into Canada, the day on which the vehicle or engine is imported; and

• (b) in the case of a vehicle or engine that is manufactured in Canada,

  • (i) the day on which the national emissions mark is applied to the vehicle or engine, if known, or

  • (ii) if the day referred to in subparagraph (i) is not known, the day on which the main assembly of the vehicle or the manufacture of the engine, as the case may be, was completed.

Purpose

2 The purpose of these Regulations is to

• (a) reduce emissions of hydrocarbons, carbon monoxide, oxides of nitrogen, formaldehyde and particulate matter from on-road vehicles and engines by establishing emission limits for those substances;

• (b) reduce emissions of the toxic substances 1-3 butadiene, acetaldehyde, acrolein and benzene through the establishment of emission limits for hydrocarbons from on-road vehicles and engines; and

• (c) establish emission standards and test procedures for on-road vehicles and engines that are aligned with those of the EPA.

Background

2.1 These Regulations set out

• (a) prescribed classes of on-road vehicles and engines for the purposes of section 149 of the Act;

• (b) requirements respecting the conformity of on-road vehicles and engines with emission standards for the purposes of sections 153 and 154 of the Act;

• (c) other requirements for carrying out the purposes of Division 5, Part 7 of the Act; and

• (d) a system of credits for the purposes of section 162 of the Act.

Application

3 Subject to subsection 24(7), these Regulations apply to vehicles whose main assembly is completed in Canada on or after January 1, 2004, to engines whose manufacture is completed in Canada on or after January 1, 2004 and to vehicles and engines that are imported into Canada on or after January 1, 2004.

4 [Repealed, SOR/2013-8, s. 3]

Model Year

• 5 (1) A year that is used by a manufacturer as a model year shall

  • (a) if the period of production of a model of vehicle or engine does not include January 1 of a calendar year, correspond to the calendar year during which the period of production falls; or

  • (b) if the period of production of a model of vehicle or engine includes January 1 of a calendar year, correspond to that calendar year.

• (2) The period of production of a model of vehicle or engine shall include only one January 1.

Prescribed Classes of Vehicles and Engines

• 6 (1) In these Regulations, subject to subsection (3), the following classes of vehicles are prescribed for the purposes of the definition vehicle in section 149 of the Act:

  • (a) light-duty vehicles;

  • (b) light light-duty trucks and heavy light-duty trucks;

  • (c) medium-duty passenger vehicles;

  • (d) Class 2B vehicles and Class 3 vehicles;

  • (e) heavy-duty vehicles other than medium-duty passenger vehicles, Class 2B vehicles and Class 3 vehicles; and

  • (f) motorcycles.

• (2) In these Regulations, subject to subsection (3), heavy-duty engines are prescribed for the purposes of the definition engine in section 149 of the Act.

• (3) The prescribed classes of vehicles and engines referred to in subsections (1) and (2) do not include

  • (a) any vehicle whose main assembly was completed 15 years or more before the date of its importation into Canada; or

  • (b) any vehicle or engine that is being exported and that is accompanied by written evidence establishing that it will not be sold for use or used in Canada.

• (4) For the purpose of section 152 of the Act, the prescribed vehicles and engines are the classes of vehicles referred to in subsection (1) whose main assembly is completed in Canada and the engines referred to in subsection (2) whose manufacture is completed in Canada, except

  • (a) any vehicle or engine that will be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing;

  • (b) any engine that is to be installed in a heavy-duty vehicle before the first retail sale of the vehicle; and

  • (c) any engine that is to be installed as a replacement in a heavy-duty vehicle that has a national emissions mark applied to it if the replacement engine

    • (i) is of the same model year as the original engine, and

    • (ii) is identical to the original engine in all respects material to emissions.

Application for Authorization to Apply National Emissions Mark

• 7 (1) Any company that intends to apply a national emissions mark to a vehicle or engine shall apply to the Minister to obtain an authorization in the form set out in Schedule 1.

• (2) The application to apply a national emissions mark shall be signed by a person who is authorized to act on behalf of the company and shall include

  • (a) the name and street address of the head office of the company and, if different, its mailing address;

  • (b) the classes of vehicles or engines for which the authorization is requested;

  • (c) the street address of the location at which the national emissions mark will be applied to the vehicles or engines;

  • (d) the street address where records referred to in section 38 will be maintained; and

  • (e) information to show that the company is capable of verifying compliance with the standards set out in these Regulations.

National Emissions Mark

• 8 (1) The national emissions mark is the mark set out in Schedule 2.

• (2) The national emissions mark shall be at least 7 mm in height and 10 mm in width.

• (3) The national emissions mark shall be located

  • (a) on or immediately beside the U.S. information label referred to in paragraph 35(1)(d); or

  • (b) on or immediately beside the compliance label applied in accordance with the Motor Vehicle Safety Regulations.

• (4) The national emissions mark shall be on a label that

  • (a) is permanently applied to the vehicle or engine;

  • (b) is resistant to or protected against any weather condition; and

  • (c) bears inscriptions that are legible, indelible and that are indented, embossed or in a colour that contrasts with the background of the label.

• (5) Subject to subsection (6), a company that has been authorized to apply the national emissions mark shall display the authorization number assigned by the Minister in figures that are at least 2 mm in height, immediately below or to the right of the national emissions mark.

• (6) A company is not required to display its authorization number if

  • (a) the company is authorized by the Minister of Transport to apply the national safety mark in accordance with the Motor Vehicle Safety Act;

  • (b) the company applies both the national emissions mark and the national safety mark to the vehicle; and

  • (c) the national emissions mark is on the same label as the national safety mark.

9 [Repealed, SOR/2013-8, s. 5]

10 [Repealed, SOR/2013-8, s. 5]

Standards for 2004 and Later Model Year Vehicles and Engines

Emission Control Systems

• 11 (1) An emission control system that is installed in a vehicle or engine to enable it to conform to the standards set out in these Regulations shall not

  • (a) in its operation, release a substance that causes air pollution and that would not have been released if the system were not installed; or

  • (b) in its operation or malfunction, make the vehicle unsafe or endanger persons or property in or near the vehicle.

• (2) No vehicle or engine shall be equipped with a defeat device.

• (2.1) Despite subsection (2), an ambulance, police vehicle or fire fighting vehicle may be equipped with a defeat device if the device is one that is activated during emergency response operations to maintain speed, torque or power in either of the following circumstances:

  • (a) the emission control system is in an abnormal state, or

  • (b) the device acts to maintain the emission control system in a normal state.

• (3) Subject to subsection (4), a defeat device is an auxiliary emission control device that reduces the effectiveness of the emission control system under conditions that may reasonably be expected to be encountered in normal vehicle operation and use.

• (4) An auxiliary emission control device is not a defeat device if

  • (a) the conditions referred to in subsection (3) are substantially included in the test procedures referred to in section 18;

  • (b) it is needed to protect the vehicle against damage or accident; or

  • (c) its use does not go beyond the requirements of engine starting.

Adjustable Parameters

• 11.1 (1) In this section, adjustable parameter means a device, system or element of design that is capable of being physically adjusted and as a result can affect emissions or the performance of a vehicle or an engine during emission testing or normal in-use operation, but does not include a device, system or element of design that is permanently sealed by the vehicle or engine manufacturer or that is inaccessible with the use of ordinary tools.

• (2) A vehicle or engine that is equipped with adjustable parameters shall comply with the applicable standards under these Regulations for any specification within the physically adjustable range.

Light-duty Vehicles, Light Light-duty Trucks, Heavy Light-duty Trucks and Medium-duty Passenger Vehicles

12 Subject to sections 17.2, 19 and 19.1, a light-duty vehicle, light light-duty truck, heavy light-duty truck or medium-duty passenger vehicle of a specific model year shall

• (a) for the 2016 and earlier model years, conform to the exhaust emission and evaporative emission standards applicable to vehicles of the model year in question set out in section 1811 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR;

• (a.1) for the 2017 and later model years, conform to

  • (i) the exhaust emission standards applicable to vehicles of the model year in question set out in section 1811 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR,

  • (ii) the evaporative emission and refueling emission standards applicable to vehicles of the model year in question set out in section 1813 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, and

  • (iii) the family emission limit established by the company for the evaporative emission family to which the vehicle belongs, which shall not exceed the applicable family emission limit cap set out in section 1813 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR;

• (b) be equipped with an on-board diagnostic system that conforms to the standards applicable to vehicles of the model year in question set out in section 1806 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR; and

• (c) not release any crankcase emissions.

Class 2B Vehicles and Class 3 Vehicles

13 Subject to sections 17.2, 19 and 19.1, a Class 2B vehicle, other than a medium-duty passenger vehicle, and a Class 3 vehicle of a specific model year shall

• (a) for the 2005 to 2017 model years, conform to the exhaust emission and evaporative emission standards applicable to vehicles of the model year in question set out in section 1816 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR;

• (a.1) for the 2018 and later model years, conform to

  • (i) the exhaust emission standards applicable to vehicles of the model year in question set out in section 1816 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR,

  • (ii) the evaporative emission and refueling emission standards applicable to vehicles of the model year in question set out in section 1813 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, and

  • (iii) the family emission limit established by the company for the evaporative emission family to which the vehicle belongs, which shall not exceed the applicable family emission limit cap set out in section 1813 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR;

• (b) be equipped with an on-board diagnostic system that conforms to the standards applicable to vehicles of the model year in question set out in section 1806 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR; and

• (c) not release any crankcase emissions.