Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  Act

  Act means the Canadian Environmental Protection Act, 1999. (Loi)

  all-terrain vehicle

  all-terrain vehicle means a land-based or amphibious vehicle, other than a utility vehicle, that

  • (a) is designed to travel on three or four low-pressure tires, is equipped with a seat designed to be straddled and with handlebars for steering, and is designed to be used by a single operator and no passengers; or

  • (b) has three or more wheels and one or more seats, is designed for operation over rough terrain, is designed for transportation and has a maximum vehicle speed of at least 40 km/h. (véhicule tout terrain)

  CFR

  CFR means Title 40, chapter I of the Code of Federal Regulations of the United States. (CFR)

  CFR 1045

  CFR 1045 means subchapter U, part 1045, of the CFR. (CFR 1045)

  CFR 1051

  CFR 1051 means subchapter U, part 1051, of the CFR. (CFR 1051)

  CFR 1060

  CFR 1060 means subchapter U, part 1060, of the CFR. (CFR 1060)

  CFR 1068

  CFR 1068 means subchapter U, part 1068, of the CFR. (CFR 1068)

  conventional inboard engine

  conventional inboard engine means an inboard engine that is rated at 373 kW at most. (moteur en-bord conventionnel)

  crankcase emissions

  crankcase emissions means substances that cause air pollution and that are emitted into the atmosphere from any portion of the crankcase ventilation or lubrication systems of an engine or a vehicle’s engine. (émissions du carter)

  diurnal emissions

  diurnal emissions means evaporative emissions that occur as a result of venting fuel tank vapours during daily temperature changes while the engine is not operating. (émissions diurnes)

  element of design

  element of design means, in respect of an engine, vessel or vehicle

  • (a) any control system, including computer software, electronic control systems and computer logic;

  • (b) any control system calibrations;

  • (c) the results of systems interaction; or

  • (d) any hardware items. (élément de conception)

  emission control system

  emission control system means any device, system or element of design that controls or reduces the emissions from an engine, vessel or vehicle. (système antipollution)

  emission family

  emission family means

  • (a) in respect of the engines or vehicles of a company, or the fuel lines or fuel tanks installed in outboards or vessels of a company, that are covered by an EPA certificate, the classification units for which the EPA certificate was issued; and

  • (b) in respect of any other engine or vehicle of a company, or other fuel line or fuel tank installed in outboards or vessels of a company, the classification units determined in accordance with

    • (i) in the case of engines, section 230 of subpart C of CFR 1045,

    • (ii) in the case of vehicles, section 230 of subpart C of CFR 1051, and

    • (iii) in the case of fuel lines or fuel tanks installed in outboards or vessels, section 230 of subpart C of CFR 1060. (famille d’émissions)

  engine

  engine means a marine spark-ignition engine of a class prescribed under subsection 5(1) that is used or capable of being used to propel a vessel. (moteur)

  EPA

  EPA means the United States Environmental Protection Agency. (EPA)

  EPA certificate

  EPA certificate means a certificate of conformity with United States federal standards issued by the EPA. (certificat de l’EPA)

  evaporative emissions

  evaporative emissions means hydrocarbons emitted into the atmosphere from an outboard, vessel or vehicle, other than exhaust emissions and crankcase emissions. (émissions de gaz d’évaporation)

  exhaust emissions

  exhaust emissions means substances emitted into the atmosphere from any opening downstream from the exhaust port of an engine or vehicle’s engine. (émissions de gaz d’échappement)

  family emission limit

  family emission limit means the maximum emission level established by a company for an emission family for the purpose of fleet averaging. (limite d’émissions de la famille)

  fuel line

  fuel line means non-metallic hose, tubing, and primer bulbs containing or exposed to liquid fuel, including hose or tubing that transports fuel to or from an engine or a vehicle’s engine that includes

  • (a) flexible molded sections for transporting liquid fuel to or from that engine, but does not include inflexible components for connecting hose or tubing; and

  • (b) hose or tubing for the vent line or filler neck if fuel systems are designed such that any portion of the vent-line or filler-neck material continues to be exposed to liquid fuel after completion of a refueling event in which an operator fills the fuel tank using typical methods.

  A fuel line does not include a primer bulb that contains liquid fuel only when priming an engine or a vehicle’s engine before starting that engine and a fuel line that is designed to connect a portable fuel tank to an engine. (conduite d’alimentation en carburant)

  fuel tank

  fuel tank means a fuel tank that is not metallic and not portable. (réservoir de carburant)

  high-performance inboard engine

  high-performance inboard engine means an inboard engine that is rated at more than 373 kW and design features to enhance power output such that the expected operating time until rebuild is less than 480 hours. (moteur en-bord à haute performance)

  inboard engine

  inboard engine, in relation to a vessel, includes a sterndrive, also known as an inboard/outboard engine, and a jet boat engine, but does not include a personal watercraft engine. (moteur en-bord)

  jet boat

  jet boat means a vessel in which an internal combustion engine is installed that powers a water-jet pump as the vessel’s primary source of propulsion and is designed with an open area for carrying passengers. (bateau à propulsion hydraulique)

  model year

  model year means the year, as determined under section 4, that is used by a manufacturer to designate a model of engine, vessel or vehicle. (année de modèle)

  off-road motorcycle

  off-road motorcycle means a two-wheeled vehicle that is equipped with a seat. (motocyclette hors route)

  permeation emissions

  permeation emissions means evaporative emissions resulting from the permeation of fuel through fuel line or fuel tank materials. (émissions par perméation)

  personal watercraft

  personal watercraft means a vessel with an enclosed hull of less than 4 m in length that uses an internal combustion engine powering a water-jet pump as its primary source of propulsion and is designed to be used by one or more persons while sitting, standing or kneeling. (motomarine)

  snowmobile

  snowmobile means a vehicle, including a vehicle that can be converted into a snowmobile, that has a maximum width of 1.5 m and is designed primarily for travel on snow. (motoneige)

  utility vehicle

  utility vehicle means a vehicle that is designed for operation over rough terrain and

  • (a) has at least four wheels and seating for at least two persons;

  • (b) has an engine displacement of at most 1000 cm³, a maximum engine brake power of at most 30 kW and a maximum vehicle speed of at least 40 km/h; and

  • (c) has either a rear payload of at least 159 kg or seating for at least six passengers. (véhicule utilitaire)

  vehicle

  vehicle means an off-road recreational vehicle that is of a class prescribed under subsection 5(3). (véhicule)

  vessel

  vessel means a vessel that is of the class prescribed under subsection 5(2). (bâtiment)

• Marginal note:Incorporation by reference

  (2) Standards that are incorporated by reference in these Regulations from the CFR are those expressly set out in the CFR, as amended from time to time, and must be read as excluding

  • (a) references to the EPA or the EPA’s Administrator exercising discretion in any way;

  • (b) alternative standards related to the averaging, banking and trading of emission credits, to small-volume manufacturers or to financial hardship; and

  • (c) standards or evidence of conformity of any authority other than the EPA.

Purpose

Marginal note:Purpose

2 The purpose of these Regulations is to

• (a) reduce emissions of hydrocarbons, oxides of nitrogen and carbon monoxide from engines, vessels and vehicles by establishing emission limits for those substances or combinations of those substances;

• (b) reduce emissions of the toxic substances formaldehyde, 1,3-butadiene, acetaldehyde, acrolein and benzene by establishing emission limits for hydrocarbons from engines, vessels and vehicles; and

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

Background

Marginal note:Background

3 These Regulations set out

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

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

• (c) a system of credits for the purposes of section 162 of the Act; and

• (d) other requirements for carrying out the purposes of Division 5 of Part 7 of the Act.

Model Year

Marginal note:Model year

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

  • (a) if the period of production of a model of engine, vessel or vehicle does not include January 1 of a calendar year, the calendar year during which the period of production falls or the calendar year immediately following the calendar year during which the period of production falls, at the manufacturer’s choice; or

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

• Marginal note:Limitation

  (2) The period of production may include only one January 1.

Classes of Engines and Vehicles

Marginal note:Prescribed engines

• 5 (1) Outboards, inboard engines and personal watercraft engines that operate under characteristics significantly similar to the theoretical Otto combustion cycle and use a spark plug or other sparking device are classes of engines that are prescribed for the purposes of the definition engine in section 149 of the Act.

• Marginal note:Prescribed vehicles — vessels

  (2) A vessel, in which a fuel line or fuel tank is installed, that is designed to be propelled by a prescribed engine is prescribed for the purposes of the definition vehicle in section 149 of the Act.

• Marginal note:Prescribed vehicles — off-road recreational vehicles

  (3) In addition, the following classes of off-road recreational vehicles are prescribed for the purposes of the definition vehicle, in section 149 of the Act:

  • (a) snowmobiles;

  • (b) off-road motorcycles;

  • (c) all-terrain vehicles; and

  • (d) utility vehicles.

• Marginal note:Exclusions

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

  • (a) an engine that is designed exclusively for competition, namely one that has the following characteristics, and bears a label that meets the requirements of subsections 7(3) and (4) and indicates that the engine is a competition engine:

    • (i) has performance characteristics that are substantially superior to non-competitive engines, and

    • (ii) is not displayed for sale in any public dealership or otherwise offered for sale to the general public;

  • (b) a vessel in which an engine referred to in paragraph (a) is installed;

  • (c) an off-road motorcycle that is designed exclusively for competition, namely one that meets at least four of the following characteristics, and bears either the label referred to in paragraph (a) of the definition competition vehicle in subsection 2(1) of the Motor Vehicle Safety Regulations or a label that meets the requirements of subsections 7(3) and (4) and indicates that it is a competition off-road motorcycle:

    • (i) it has no headlight or other lights,

    • (ii) it has no spark arrestor,

    • (iii) it has no manufacturer’s warranty,

    • (iv) it has suspension travel that is greater than 25.4 cm,

    • (v) it has an engine displacement that is greater than 50 cm³, and

    • (vi) it has a seat surface that is less than 195 cm²;

  • (d) a snowmobile or all-terrain vehicle that is designed exclusively for competition, namely one that has performance characteristics that are substantially superior to a non-competitive model and is not covered by a manufacturer’s warranty, and either bears the label referred to in paragraph (a) of the definition competition vehicle in subsection 2(1) of the Motor Vehicle Safety Regulations or bears a label that meets the requirements of subsections 7(3) and (4) and indicates that it is a competition snowmobile or all-terrain vehicle;

  • (e) an engine or vehicle that is regulated by the On-Road Vehicle and Engine Emission Regulations;

  • (f) a vehicle or vessel that is propelled by power generated solely by one or more electric motors;

  • (g) a vehicle that has one or more compression-ignition engines for its propulsion;

  • (h) a vehicle, or a vessel, that is designed exclusively for use in combat or combat support during military activities, including reconnaissance missions, rescue missions and training missions, and the engine of the vessel;

  • (i) an engine, vessel or vehicle that is being exported and is accompanied by written evidence that establishes that it will not be sold or used in Canada; and

  • (j) an engine, of a vessel, that uses natural gas as fuel and is rated at 250 kW or more.

• Marginal note:Section 152 of Act

  (5) For the purpose of section 152 of the Act,

  • (a) the engines are those referred to in subsection (1) that are manufactured in Canada; and

  • (b) the vehicles are the vessels referred to in subsection (2), and the vehicles referred to in subsection (3), whose main assembly is completed in Canada.

  However, none of those engines, vessels or vehicles that is to be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing is prescribed for the purpose of that section.

National Emissions Marks and Labels

Authorization

Marginal note:Application for authorization

• 6 (1) Any company that intends to apply the national emissions mark, which is set out in the schedule, to an engine, vessel or vehicle must make an application to the Minister for an authorization to do so, signed by a person who is authorized to act on the company’s behalf, that contains the following information:

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

  • (b) the class of engine, vessel or vehicle for which the authorization is requested;

  • (c) the street address of the location at which the national emissions mark is to be applied; and

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

• Marginal note:Authorization number

  (2) On granting an authorization, the Minister is to assign an authorization number to the company.

• Marginal note:Engines and vehicles — before coming-into-force

  (3) A company that is authorized to apply the national emissions mark may apply it to an engine that is manufactured before the day on which this section comes into force or to a vehicle whose main assembly is completed before the day on which this section comes into force, if

  • (a) the engine or vehicle conforms to the standards set out in these Regulations for engines or vehicles for the 2012 model year; and

  • (b) the company meets the requirements of these Regulations in respect of that engine or vehicle.

Display

Marginal note:National emissions mark

• 7 (1) The national emissions mark must be displayed in a format of at least 7 mm in height and 10 mm in width.

• Marginal note:Authorization number

  (2) The authorization number must be displayed immediately below or to the right of the national emissions mark, in figures that are at least 2 mm in height.

• Marginal note:Location

  (3) The national emissions mark and any label referred to in these Regulations, except for the label referred to in paragraph 35(1)(d), must be located

  • (a) on or immediately next to the emission control information label referred to in paragraph 35(1)(d); or

  • (b) if there is no such label, in a visible or readily accessible location.

• Marginal note:Requirements

  (4) Except for the label referred to in paragraph 35(1)(d), any label required by these Regulations, including the label on which the national emissions mark appears, must

  • (a) be permanently affixed;

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

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

Identification Number

Marginal note:Unique identification number

• 8 (1) A unique identification number must be affixed to every engine, vessel or vehicle.

• Marginal note:Location and characteristics of identification number

  (2) The identification number may be engraved or stamped on the engine, vessel or vehicle or may be on a label that meets the requirements of subsections 7(3) and (4).

Standards

Emission Control System

Marginal note:Requirements

• 9 (1) An emission control system that is installed in an engine, vessel or vehicle to enable it to conform to the standards set out in these Regulations must 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, cause the engine, vessel or vehicle to be unsafe or to endanger persons or property near it.

• Marginal note:Prohibition of defeat devices

  (2) An engine, vessel or vehicle must not be equipped with a defeat device.

• Marginal note:Meaning of defeat device

  (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 under normal operation of the engine, vessel or vehicle.

• Marginal note:Exceptions

  (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 emission test procedures referred to in section 23;

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

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

Adjustable Parameters

Marginal note:Meaning of adjustable parameter

• 10 (1) In this section, adjustable parameter means a device, system or element of design that is capable of being physically adjusted and can thereby affect emissions 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 manufacturer or that is inaccessible with ordinary tools.

• Marginal note:Requirements

  (2) Subject to subsection (3), an engine, vessel or vehicle that is equipped with adjustable parameters must conform to the applicable standards under these Regulations for any specification within the physically adjustable range.

• Marginal note:Vehicle

  (3) In the case of a vehicle with an adjustable air-fuel ratio parameter, compliance with the applicable standards under these Regulations is required if the range of adjustable air-fuel ratios

  • (a) other than any air-fuel ratio that does not occur during normal in-use operation, is between the lean limit and the rich limit; or

  • (b) is established by the manufacturer based on particular engine parts.

• Marginal note:Lean limit

  (4) The lean limit is the air-fuel ratio that produces the highest engine power output averaged over the applicable test cycle referred to in section 501 of subpart F of CFR 1051.

• Marginal note:Rich limit

  (5) The rich limit is the richest of the following air-fuel ratios:

  • (a) the air-fuel ratio that results from operating the vehicle at applicable test conditions in accordance with the CFR, with the parameters adjusted to the settings that will be used at the time that the vehicle’s main assembly is completed, excluding a vehicle manufactured without jets installed in its carburetted engine;

  • (b) the air-fuel ratio of the engine during durability testing; and

  • (c) the richest air-fuel ratio specified by the manufacturer for the applicable ambient conditions.

• Marginal note:Carburettor jets and needles

  (6) Despite subsection (3), if the range of adjustable air-fuel ratios of a vehicle is defined in terms of carburettor jets and needles, and the criteria in sections 115(d)(3)(ii) to (vi) of subpart B of CFR 1051 are met, the manufacturer’s jetting chart that specifies the appropriate carburettor jet size and needle configuration as a function of the ambient conditions is the range of adjustable air-fuel ratios for which compliance with the applicable standards under these Regulations is required.

Emission Standards

General

Marginal note:Options for conformity

• 11 (1) For a given model year and for a given class referred to in section 5, the engines, other than replacement engines referred to in section 18, vessels and vehicles belonging to that class must

  • (a) conform to the applicable standards set out in sections 13 to 17 and 19 to 22;

  • (b) in the case of an engine or vehicle that is covered by an EPA certificate and is sold concurrently in Canada and the United States, conform to the emission standards or family emission limits referred to in the EPA certificate;

  • (c) in the case of a vessel or outboard that is sold concurrently in Canada and the United States and whose fuel lines or fuel tanks are covered by one or more EPA certificates, conform, in respect of those fuel lines and fuel tanks, to the emission standards or family emission limits referred to in those EPA certificates; or

  • (d) be included in a fleet of a company, established in accordance with section 24, that

    • (i) if it is a fleet of engines, meets the fleet averaging requirements of sections 25 to 27, with the engines conforming

      • (A) in the case of outboards and personal watercraft engines, to the exhaust family emission limit that the company established for the purpose of fleet averaging, which must not exceed the maximum allowable exhaust family emission limit set out in section 103(b) of subpart B of CFR 1045,

      • (B) in the case of conventional inboard engines other than those referred to in clause (C), to the exhaust family emission limit that the company established for the purpose of fleet averaging, which must not exceed the maximum allowable exhaust family emission limit set out in section 105(b) of subpart B of CFR 1045, and

      • (C) in the case of conventional inboard engines to be used in jet boats described by sections 660(a) and (c) of subpart G of CFR 1045, to the exhaust family emission limit that the company established for the purpose of fleet averaging, which must not exceed the maximum allowable exhaust family emission limit set out in section 701(d) of subpart H of CFR 1045, and

    • (ii) if it is a fleet of vehicles, meets the fleet averaging requirements of sections 28 to 31, with the vehicles conforming

      • (A) in the case of snowmobiles, to the family emission limit that the company established for the purpose of fleet averaging, which must not exceed the maximum allowable family emission limit set out in section 103(a) of subpart B of CFR 1051,

      • (B) in the case of off-road motorcycles, to the family emission limit that the company established for the purpose of fleet averaging, which must not exceed the maximum allowable family emission limit set out in section 105(a)(1) of subpart B or section 615(b) of subpart G of CFR 1051, and

      • (C) in the case of all-terrain vehicles and utility vehicles, to the family emission limit that the company established for the purpose of fleet averaging, which must not exceed the maximum allowable family emission limit set out in section 107(a) or 145(b) of subpart B or section 615(a) of subpart G of CFR 1051.

• Marginal note:Fleet averaging exceptions — sections 28 to 31

  (2) Despite subparagraph (1)(d)(ii), a company must not conform to the CO exhaust emission standards set out in the provision of the CFR that is referred to in subsection 21(2), paragraph 22(1)(a) and subsection 22(2) by meeting the fleet averaging requirements referred to in sections 28 to 31.

EPA Certificates

Marginal note:Subsection 153(3) of Act

• 12 (1) For the purposes of subsection 153(3) of the Act, the provisions of the CFR that are applicable under an EPA certificate to engines or vehicles referred to in paragraph 11(1)(b), or to fuel lines and fuel tanks installed in vessels or outboards referred to in paragraph 11(1)(c), correspond to the emission standards referred to in paragraph 11(1)(a).

• Marginal note:EPA is prescribed agency

  (2) For the purposes of subsection 153(3) of the Act, the EPA is the prescribed agency.

Engines

Marginal note:Outboard and personal watercraft engines

• 13 (1) The following standards set out in subpart B of CFR 1045 apply to outboards and personal watercraft engines for the 2012 and subsequent model years:

  • (a) the applicable exhaust emission standards for HC + NO_x and CO set out in sections 103(a) and (d);

  • (b) the not-to-exceed exhaust emission standards set out in section 107; and

  • (c) the crankcase emission standard set out in section 115(a).

• Marginal note:Useful life

  (2) Those standards apply for the applicable useful life of outboards and personal watercraft engines as set out in section 103(e) of subpart B of CFR 1045.

Marginal note:Conventional inboard engines

• 14 (1) The following standards set out in subpart B of CFR 1045 apply to conventional inboard engines for the 2012 and subsequent model years:

  • (a) the applicable exhaust emission standards for HC + NO_x and CO set out in sections 105(a)(1) and (2) and 105(d);

  • (b) the not-to-exceed exhaust emission standards set in section 107; and

  • (c) the crankcase emission standards set out in section 115(a).

• Marginal note:Useful life

  (2) Those standards apply for the applicable useful life of the engines as set out in section 105(e) of subpart B of CFR 1045.

• Marginal note:Jet boats

  (3) For a jet boat engine described in sections 660(a) and (c) of subpart G of CFR 1045, the standards apply for the useful life of the engine as set out in section 660(e) of subpart G of CFR 1045.

Marginal note:High-performance inboard engines

• 15 (1) The following standards set out in subpart B of CFR 1045 apply to high-performance inboard engines for the 2013 and subsequent model years:

  • (a) the applicable exhaust emission standards for HC + NO_x and CO set out in sections 105(a)(1) and (3) and 105(d); and

  • (b) the crankcase emission standard set out in section 115(a).

• Marginal note:Useful life

  (2) Those standards apply for the applicable useful life of the engines as set out in section 105(e) of subpart B of CFR 1045.

Marginal note:Engines equipped with three-way catalysts

16 An engine equipped with three-way catalysts and closed-loop control of air-fuel ratios must be equipped with a diagnostic system that conforms to the applicable standards set out in section 110 of subpart B of CFR 1045.

Marginal note:Electronically controlled engines

17 Electronically controlled engines of the 2013 and subsequent model years must be equipped with a torque broadcasting system that meets the requirements of sections 115(b) and (c) of subpart B of CFR 1045.

Marginal note:Meaning of replacement engine

• 18 (1) In this section, replacement engine means an engine manufactured exclusively to replace an engine used to propel a vessel if no current model year engine exists that has the characteristics necessary for the propulsion of the vessel.

• Marginal note:Standards for replacement engines

  (2) A replacement engine may, instead of conforming to the applicable standards set out in sections 13 to 17, conform to

  • (a) in the case that the replacement engine is manufactured to the specifications for a model year later than the model year of the original engine,

    • (i) the standards referred to in sections 13 to 17 that were applicable to an engine manufactured to the specification for the model year of the replacement engine, or

    • (ii) the manufacturer’s specifications, if no standard referred to in sections 13 to 17 applies; and

  • (b) in any other case,

    • (i) the standards referred to in sections 13 to 17 that are applicable to the original engine, or

    • (ii) the manufacturer’s specifications, if no standard referred to in sections 13 to 17 applies.

• Marginal note:Label

  (3) A replacement engine must bear a label that meets the requirements set out in

  • (a) subsections 7(3) and (4) and that indicates, in both official languages, that the engine is a replacement engine; or

  • (b) section 240(b)(6) of CFR 1068.

Vessels and Outboards

Marginal note:Vessels and outboards

19 The following standards set out in subpart B of CFR 1060 apply to vessels, and outboards, for the 2015 and subsequent model years, in which fuel lines or fuel tanks are installed:

• (a) the applicable fuel line permeation emission standards set out in section 102(d)(2);

• (b) the applicable fuel tank permeation emission standards set out in section 103(b); and

• (c) the applicable diurnal standards set out in sections 101(f)(1) and (3) and 105(b).

Vehicles

Marginal note:Snowmobiles

• 20 (1) The following standards set out in subpart B of CFR 1051 apply to snowmobiles for the 2012 and subsequent model years:

  • (a) the applicable exhaust emission standards for HC and CO set out in sections 103(a) and (b);

  • (b) the applicable evaporative emission standards for fuel tanks and fuel lines set out, respectively, in sections 110(a) and (b); and

  • (c) the crankcase emission standard set out in section 115(a).

• Marginal note:Useful life

  (2) Those standards apply for the useful life of the vehicles set out in section 103(c) of subpart B of CFR 1051.

Marginal note:Off-road motorcycles

• 21 (1) The following standards set out in subpart B of CFR 1051 apply to off-road motorcycles for the 2012 and subsequent model years:

  • (a) the applicable exhaust emission standards for HC + NO_x and CO set out in sections 105(a)(1) and 105(b);

  • (b) the applicable evaporative emission standards for fuel tanks and fuel lines set out, respectively, in sections 110(a) and (b); and

  • (c) the crankcase emission standard set out in section 115(a).

• Marginal note:Alternative standards

  (2) Despite paragraph (1)(a), off-road motorcycles for a given model year with engines that have a total displacement of 70 cm³ or less may conform to the exhaust emission standards set out for that model year in section 615(b) of subpart G of CFR 1051.

• Marginal note:Useful life

  (3) The standards referred to in subsections (1) and (2) apply for the useful life of the vehicles set out in section 105(c) of subpart B of CFR 1051.

Marginal note:All-terrain and utility vehicles

• 22 (1) The following standards set out in subpart B of CFR 1051 apply to all-terrain vehicles and utility vehicles for the 2012 and subsequent model years:

  • (a) the applicable exhaust emission standards for HC + NO_x and CO set out in sections 107(a)(1) and 107(b);

  • (b) the applicable evaporative emission standards for fuel tanks and fuel lines set out, respectively, in sections 110(a) and (b); and

  • (c) the crankcase emission standard set out in section 115(a).

• Marginal note:Alternative standards — 2012 to 2014 model years

  (2) Despite paragraph (1)(a), all-terrain vehicles and utility vehicles for each of the 2012 to 2014 model years may conform to the exhaust emission standards set out for that model year in section 145(b) of subpart B of CFR 1051.

• Marginal note:Alternative standards — engine displacement of less than 100 cm³

  (3) Despite paragraph (1)(a) and subsection (2), all-terrain vehicles and utility vehicles for a given model year with engines that have a total displacement of less than 100 cm³ may conform to the exhaust emission standards set out for that model year in section 615(a) of subpart G of CFR 1051.

• Marginal note:Useful life

  (4) The standards referred to in subsections (1) to (3) apply for the useful life of the vehicles set out in section 107(c) of subpart B of CFR 1051.

Interpretation of Standards

Marginal note:Test procedures, fuels and calculation methods

• 23 (1) For greater certainty, the standards in these Regulations that refer to the CFR include the test procedures, fuels and calculation methods referred to in CFR 1045, CFR 1051 or CFR 1060.

• Marginal note:Phasing in of standards

  (2) In the case of a standard that is set out in the CFR to be phased in over a period for a class of vehicle or engine or for fuel lines or fuel tanks installed in a vessel or outboard, the standard comes into effect for the purposes of these Regulations in the model year for which the CFR specifies that the standard applies to 100% of that class or of those fuel lines or fuel tanks, and continues to apply until another standard comes into effect that so applies.

Fleet Averaging

General

Marginal note:Meaning of fleet

• 24 (1) In sections 25 to 33 and 36, fleet refers to the engines and vehicles — grouped in accordance with this section — that a company manufactures in Canada, or imports into Canada, for the purpose of sale in Canada to a first retail purchaser.

• Marginal note:Groupings of engines and vehicles into fleets

  (2) A company that opts to conform under paragraph 11(1)(d), must group its engines and vehicles referred to in subsection (1) into one or more of the following fleets, with each fleet consisting of all of its:

  • (a) outboards and personal watercraft engines;

  • (b) conventional inboard engines;

  • (c) snowmobiles;

  • (d) off-road motorcycles;

  • (e) utility vehicles; or

  • (f) all-terrain vehicles.

• Marginal note:Grouping of utility vehicles and all-terrain vehicles

  (3) Despite subsection (2), a company may group utility vehicles and all-terrain vehicles into a single fleet.

• Marginal note:Voluntary exclusion

  (4) Despite subsection (2), for the purposes of sections 25 to 31, a company may exclude from any of its fleets the engines and vehicles that are covered by an EPA certificate and sold concurrently in Canada and the United States, if the number of those engines and vehicles sold in the United States during a given period exceeds the number of those engines and vehicles sold in Canada during that period. The consequences of that exclusion are set out in subsections 25(3) and 30(2).

Fleet Average Emission Credits and Deficits for Engines

Marginal note:Obtaining credits

• 25 (1) For the purposes of subparagraph 162(1)(b)(i) of the Act, a company obtains emission credits in relation to a given emission type in respect of a fleet of engines referred to in subparagraph 11(1)(d)(i) for a given model year when

  • (a) the determination under subsection 26(1) of the fleet average emission credits or deficits for the fleet is a positive number, which indicates that overall the emissions in respect of the fleet for that emission type are less than the emissions allowed under the applicable standards for the engines of that fleet for that emission type; and

  • (b) the company reports those credits in its end of model year report under section 33.

• Marginal note:Emission types

  (2) The emission types referred to in subsection (1) are as follows:

  • (a) HC + NO_x exhaust emissions for the 2012 and subsequent model years; and

  • (b) CO exhaust emissions for the 2012 and subsequent model years.

• Marginal note:Result of excluding EPA certified engines

  (3) A company that excludes engines in accordance with subsection 24(4) from a fleet of engines for a given model year

  • (a) is ineligible to obtain fleet average emission credits in respect of that fleet; and

  • (b) forfeits all fleet average emission credits, obtained in respect of previous model years, for that fleet.

• Marginal note:Election to not determine

  (4) A company may elect to not determine the fleet average emission credits or deficits for any emission type for a given model year in respect of a fleet of engines if every engine in that fleet conforms to the family emission limit that is applicable to that emission type, which must not exceed the applicable standards for engines of that model year referred to in section 13 or 14, as the case may be.

• Marginal note:Deemed fleet average emission credit

  (5) If a company makes an election under subsection (4), the determination under subsection 26(1) for the emission type for which the election was made in respect of that fleet of engines for the model year in question is deemed to be equal to zero.

Marginal note:Fleet average emission credits or deficits

• 26 (1) The fleet average emission credits or deficits, in respect of each emission type and for each fleet of engines, is the sum of the family emission credits or deficits for each emission family of that fleet determined in accordance with subsection (2). The sum is to be rounded to the nearest whole number of kilograms, and if the sum is equidistant between two whole numbers of kilograms, the sum is the higher of them.

• Marginal note:Family emission credits or deficits

  (2) The family emission credits or deficits in respect of each emission type and for each emission family of a fleet of engines for a given model year is determined in accordance with the following formula:

  (S-L) × N × P × U × 0.207 × 10^–3

  where

  S

  is the applicable exhaust emission standard, expressed in g/kW-hr, for that emission type;

  L

  is the family emission limit for that emission family, expressed in g/kW-hr, for that emission type;

  N

  is the number of engines in that family;

  P

  is the maximum engine power for that emission family, expressed in kilowatts, determined in accordance with section 140 of subpart B of CFR 1045; and

  U

  is the useful life for engines of that emission family, as established under subsection 13(2) or 14(2) or (3), as the case may be, expressed in hours.

• Marginal note:Engines manufactured before coming into force

  (3) For the purposes of determining the family emission credits or deficits in respect of each emission type and for each emission family of a fleet of engines for the 2012 model year, the company may include all engines of that model year, including those manufactured before this section comes into force.

Offsetting Deficits and Use of Credits

Marginal note:Deficits

• 27 (1) Any fleet average emission deficits for engines must be offset with an equivalent number of fleet average emission credits obtained by the company or transferred to it by another company. The deficits and credits must be in respect of the same type of fleet, the same emission type and the same standard, expressed in the same units.

• Marginal note:Remaining credits

  (2) A company may bank any remaining credits to offset future deficits in accordance with subsection (1) or transfer them to another company.

• Marginal note:Period for offsetting

  (3) A company must offset any fleet average emission deficits for a fleet for a given model year

  • (a) in the case of a fleet for the 2012 model year, no later than the day on which the company submits the end of model year report in respect of that fleet for the 2014 model year; and

  • (b) in the case of a fleet for the 2013 and subsequent model years, no later than the day on which the company submits the end of model year report in respect of that fleet for that model year.

• Marginal note:Exception — jet boat engines

  (4) Despite subsection (1), during a given model year, a company that manufactures or imports a jet boat engine that is described in sections 660(a) and (c) of subpart G of CFR 1045 may offset any family emission deficits in respect of that jet boat engine with family emission credits, determined under subsection 26(2), in respect of a family of its fleet of outboards and personal watercraft engines that relate to the same model of engine as that jet boat engine. The credits so used cannot have been transferred to the company from another company.

• Marginal note:Cancellation of credits — CO exhaust emissions

  (5) Despite subsection (2), any fleet average emission credits in respect of CO exhaust emissions credits, other than those used under subsection (4), that are determined, in relation to a given model year, under subsection 26(1) in respect of a company’s fleet of outboards and personal watercraft engines and are reported under section 33 are cancelled upon receipt of the report.

Fleet Average Emission Values for Vehicles

Marginal note:Applicable standards — sections 20 to 22

• 28 (1) Subject to section 31 and for the purposes of paragraph 11(1)(d), the fleet average emission value in respect of each emission type for a fleet of vehicles for a given model year must not exceed the applicable standard referred to in any of sections 20 to 22, as the case may be.

• Marginal note:Emission types

  (2) The emission types referred to in subsection (1) are as follows:

  • (a) for a fleet of snowmobiles,

    • (i) HC exhaust emissions for the 2012 and subsequent model years,

    • (ii) CO exhaust emissions for the 2012 and subsequent model years, and

    • (iii) fuel tank permeation emissions for the 2012 and subsequent model years;

  • (b) for a fleet of off-road motorcycles,

    • (i) HC + NO_x exhaust emissions for the 2012 and subsequent model years,

    • (ii) CO exhaust emissions for the 2012 and subsequent model years, and

    • (iii) fuel tank permeation emissions for the 2012 and subsequent model years; and

  • (c) for a fleet of all-terrain vehicles or of utility vehicles, or a fleet grouping both those classes,

    • (i) HC + NO_x exhaust emissions for the 2012 and subsequent model years, and

    • (ii) fuel tank permeation emissions for the 2012 and subsequent model years.

• Marginal note:Election to not determine

  (3) A company may elect to not determine the fleet average emission value for any emission type for a given model year in respect of a fleet of vehicles if every vehicle in that fleet conforms to the family emission limit that is applicable to that emission type, which must not exceed the applicable standard, referred to in any of sections 20 to 22 as the case may be for vehicles of that model year.

• Marginal note:Deemed average value

  (4) If a company makes an election under subsection (3), the fleet average emission value for the emission type for which the election was made in respect of that fleet of vehicles for the model year in question is deemed to be equal to that applicable standard.

Marginal note:Calculation of fleet average emission values

• 29 (1) The fleet average emission value for a fleet of vehicles is determined, in respect of each emission type, in accordance with the following formula, expressed to one decimal place and in the same units as the applicable standard set out in any of sections 20 to 22, as the case may be:

  

  where

  TOT

  is the total number of emission families in the fleet;

  “i”

  is the i^th emission family in the fleet, where “i” goes from 1 to TOT;

  W_i

  is the family emission limit applicable to the emission family “i”, expressed in the same units and to the same number of decimal places as the emission standard it replaces;

  Y_i

  is, in the case of exhaust emissions, the number of vehicles in the fleet that are in the emission family “i” and, in the case of evaporative emissions, the number of vehicles in the fleet that are in the emission family “i” multiplied by the average internal surface area of the vehicles’ fuel tanks expressed in metres squared; and

  Z_i

  is determined as follows:

  • (a) for a fleet of snowmobiles,

    • (i) in the case of exhaust emissions, the useful life for the emission family “i” expressed in kilometres — as established under section 103(c) of subpart B of CFR 1051 — multiplied by the maximum power output observed during the emissions test expressed in kilowatts divided by 30 km/h, and

    • (ii) in the case of evaporative emissions, the useful life for the emission family “i” expressed in years — as established under section 103(c) of subpart B of CFR 1051 — multiplied by 365.24 days/year;

  • (b) for a fleet of off-road motorcycles,

    • (i) in the case of exhaust emissions, the useful life for the emission family “i” expressed in kilometres, as established under section 105(c) of subpart B of CFR 1051, and

    • (ii) in the case of evaporative emissions, the useful life for the emission family “i”, referred to in subparagraph (i), expressed in years multiplied by 365.24 days/year; and

  • (c) for a fleet of all-terrain vehicles or utility vehicles,

    • (i) in the case of exhaust emissions, for those vehicles that must conform to a family emission limit expressed in g/km, the useful life for the emission family “i” expressed in kilometres — as established under section 107(c) of subpart B of CFR 1051 — and for those vehicles that must conform to a family emission limit expressed in g/kW-h, Z is that useful life for the emission family “i” expressed in kilometres multiplied by the maximum power output observed during the emissions test expressed in kilowatts and divided by 30 km/h, and

    • (ii) in the case of evaporative emissions, the useful life for the emission family “i”, referred to in subparagraph (i), expressed in years multiplied by 365.24 days/year.

• Marginal note:Emission limits expressed in g/kW-h

  (2) In the case of vehicles of a fleet that must conform to a family emission limit expressed in g/kW-h set out in section 145(b) of subpart B of CFR 1051 or section 615(a) or (b) of subpart G of CFR 1051, the company must determine a separate fleet average emission value for those vehicles in respect of each emission type, as if those vehicles were a fleet.

• Marginal note:Vehicles — before the coming into force date

  (3) For the purposes of determining the fleet average emission value under subsection (1) for a fleet for the 2012 model year, the company may include all vehicles for that model year, including those whose main assembly is completed before this section comes into force.

Fleet Average Emission Credits and Deficits for Vehicles

Marginal note:Obtaining credits

• 30 (1) For the purposes of subparagraph 162(1)(b)(i) of the Act, a company obtains fleet average emission credits in relation to a given emission type in respect of a fleet of vehicles referred to in subparagraph 11(1)(d)(ii) for a given model year when

  • (a) the fleet average emission value for the fleet for that emission type, determined under section 29, is less than the applicable standard in respect of the fleet for that emission type; and

  • (b) the company reports those credits in its end of model year report under section 33.

• Marginal note:Result of excluding EPA certified vehicles

  (2) A company that excludes vehicles in accordance with subsection 24(4) from a fleet of vehicles for a given model year

  • (a) is ineligible to obtain fleet average emission credits in respect of that fleet; and

  • (b) forfeits all fleet average emission credits, obtained in respect of previous model years, in respect of that fleet.

• Marginal note:Determination of fleet average emission credits

  (3) The fleet average emission credits in respect of a fleet of vehicles in relation to a given emission type for a given model year, expressed in grams, are determined in accordance with the following formula:

  

  where

  A

  is the applicable standard for the fleet in relation to the given emission type for the given model year;

  B

  is the fleet average emission value in relation to the given emission type, determined in accordance with section 29, for the given model year;

  TOT

  is the total number of emission families in the fleet;

  “i”

  is the i^th emission family in the fleet, where “i” goes from 1 to TOT;

  Y_i

  is, in the case of exhaust emissions, the number of vehicles in the fleet that are in the emission family “i” and, in the case of evaporative emissions, the number of vehicles in the fleet that are in the emission family “i” multiplied by the average internal surface area of the vehicles’ fuel tanks expressed in square metres; and

  Z_i

  is the useful life applicable to the emission family “i” as described for Z_i in the formula set out in subsection 29(1).

• Marginal note:Rounding

  (4) If the fleet average emission credits determined in accordance with subsection (3) results in a fraction, the fraction is to be expressed in decimal form and rounded to one decimal place, the digit at that first decimal place being increased by one if the digit at the second decimal place is 5 or more.

Marginal note:Deficit

• 31 (1) If a company’s fleet average emission value in respect of an emission type for a fleet of vehicles exceeds the applicable standard in respect of the fleet for that emission type, the company’s fleet average emission deficits is the negative number determined in accordance with the formula set out in subsection 30(3).

• Marginal note:Offsetting of the deficit

  (2) Any fleet average emission deficits must be offset with an equivalent number of fleet average emission credits obtained by the company or transferred to it by another company. The deficits and credits must be in respect of the same type of fleet, the same emission type and the same standard, expressed in the same units.

• Marginal note:Remaining credits

  (3) A company may bank any remaining credits to offset future deficits in accordance with subsection (2) or transfer them to another company.

• Marginal note:Period for offsetting

  (4) A company must offset any fleet average emission deficit for a fleet for a given model year

  • (a) in the case of a fleet for the 2012 model year and in relation to exhaust emissions, no later than the day on which the company submits the end of model year report in respect of that fleet for the 2014 model year;

  • (b) in the case of a fleet for the 2012 model year and in relation to fuel tank permeation emissions, no later than the day on which the company submits the end of model year report in respect of that fleet for the 2014 model year;

  • (c) in the case of a fleet for the 2013 and subsequent model years and in relation to exhaust emissions, no later than the day on which the company submits the end of model year report in respect of that fleet for that model year; and

  • (d) in the case of a fleet for the 2013 and subsequent model years and in relation to fuel tank permeation emissions, no later than the day on which the company submits the end of model year report in respect of that fleet for that model year.

Corporate Changes

Marginal note:Acquisition or merger

• 32 (1) A company that acquires another company or that results from the merger of companies is responsible for offsetting any outstanding deficits of the acquired or merged companies.

• Marginal note:Ceasing activities

  (2) If a company ceases to manufacture, import or sell engines or vehicles, it must, before submitting its last end of model year report, offset any outstanding deficits for its fleets.

Reports

Marginal note:Model year reports

• 33 (1) A company must submit to the Minister an end of model year report, signed by a person who is authorized to act on the company’s behalf, no later than June 1 of the calendar year after the model year for which in the report is made.

• Marginal note:Choice of option for conformity

  (2) The end of model year report must indicate the model year for which the report is made and include a statement that

  • (a) all of its engines, vessels or vehicles of a given class for the model year in question conform, as the case may be, to one of paragraphs 11(1)(a) to (c), along with an indication as to which one of those paragraphs they conform to; or

  • (b) all of its engines or vehicles, other than those of a class referred to in paragraph (a), are grouped into one or more fleets that conform to paragraph 11(1)(d), along with an indication of which fleets they are grouped into and whether, for each of those fleets, any of those engines or vehicles were excluded under subsection 24(4).

• Marginal note:Contents of report — fleets

  (3) The end of model year report must contain the following information for each fleet that conforms under paragraph 11(1)(d):

  • (a) the applicable standards;

  • (b) for each emission type, other than an emission type for which the company has made an election under subsection 25(4) or 28(3), as the case may be,

    • (i) for a fleet of engines and for that emission type,

      • (A) the sum determined under subsection 26(1) and each of the family emission credits or deficits for each emission family used to determine that sum, and

      • (B) for each model of engine in each of those emission families, the value of each of the elements referred to in the formula set out in subsection 26(2), and

    • (ii) for a fleet of vehicles and for that emission type,

      • (A) the fleet average emission value determined in accordance with section 29,

      • (B) for each model of vehicle in each of the emission families used to determine that fleet average emission value, the value of each of the elements referred to in the formula set out in section 29, and

      • (C) the number determined in accordance with the formula set out in subsection 30(3);

  • (c) the number of engines or vehicles in the fleet;

  • (d) the number of fleet average emission credits transferred to the company from another company or transferred by the company to another company since the previous end of model year report was submitted, along with the following information:

    • (i) the name, civic address and, if different, the mailing address of the other company, and

    • (ii) a signed statement from a person who is authorized to act on the other company’s behalf indicating the number of credits transferred to or from the company submitting the report, the type of fleet and emission type in respect of which those credits are transferred, the units in which the family emission limit is expressed in respect of those credits, the model years in which the credits are transferred and the dates of the transfer;

  • (e) the number of fleet average emission credits to be banked at the end of the model year;

  • (f) if applicable, the number of fleet average emission deficits in relation to the 2012 model year to be offset under paragraph 27(3)(a) or 31(4)(a) or (b); and

  • (g) for any election that the company has made under subsection 25(4) or 28(3), a statement indicating for which emission type the election was made.

• Marginal note:Engines or vehicles that conform to paragraph 11(1)(b)

  (4) If every engine or vehicle within a given class, as the case may be, conforms to paragraph 11(1)(b) for a given model year and the end of model year report for that model year contains the statement set out in paragraph (2)(a), the company must include in that report the information referred to in paragraphs (3)(b) and (c) as if those engines or vehicles were a fleet. However, that information is not required to be included in that report if the company imports less than 100 engines or vehicles, as the case may be, for that model year.

• Marginal note:Additional information for excluded engines and vehicles

  (5) If the engines or vehicles are excluded from a fleet under subsection 24(4) for a given model year, the company must also include in the end of model year report for that model year the information referred to in paragraphs (3)(b) and (c) separately as if those engines or vehicles were included in the fleet.

• Marginal note:Manufactured before the coming into force date

  (6) If the main assembly of every vehicle, or the manufacture of every engine, for the 2012 model year is completed before the coming into force of this section, the company may, instead of complying with subsections (2) to (5), include a statement to that effect in the end of model year report for the 2012 model year.

Emission-related Maintenance Instructions

Marginal note:Provision to first retail purchaser

• 34 (1) A company must ensure that written instructions respecting emission-related maintenance are provided to the first retail purchaser of every engine, vessel or vehicle.

• Marginal note:Language of instructions

  (2) The instructions must be provided in English, French or both official languages, as requested by that purchaser.

Records

Evidence of Conformity

Marginal note:EPA certificates

• 35 (1) For the purposes of paragraph 153(1)(b) of the Act, in the case of an engine or vehicle referred to in paragraph 11(1)(b) and of a vessel or outboard referred to in paragraph 11(1)(c), evidence of conformity in respect of a company consists of

  • (a) a copy of the EPA certificates covering the engine, the vehicle or the fuel lines and fuel tanks installed in the vessel or outboard, as the case may be;

  • (b) a document demonstrating that those engines, vehicles and vessels are sold concurrently in Canada and the United States;

  • (c) a copy of the records submitted to the EPA in support of the application, and any amended application, for the issuance of those EPA certificates; and

  • (d) an emission control information label that is permanently affixed in the form and location set out in

    • (i) sections 135(b) to (f) of subpart B of CFR 1045, for an engine,

    • (ii) sections 135(a) to (e) of subpart B of CFR 1060, for a vessel or, if applicable, an outboard, and

    • (iii) sections 135(b) to (e) of subpart B of CFR 1051, for a vehicle.

• Marginal note:No EPA certificates

  (2) For the purposes of paragraph 153(1)(b) of the Act, in the case of an engine or vehicle, other than one referred to in paragraph 11(1)(b), or of a vessel or outboard, other than one referred to in paragraph 11(1)(c), evidence of conformity must be obtained and produced by the company in a form and manner satisfactory to the Minister.

• Marginal note:When to submit evidence of conformity

  (3) For greater certainty, the company must submit the evidence of conformity referred to in subsection (2) to the Minister before applying a national emissions mark to the engine, vehicle or vessel or importing the engine, vehicle or vessel.

Maintenance and Retention of Records

Marginal note:Period

• 36 (1) A company must maintain a record, in writing or in a readily readable electronic or optical form, that contains the following information and retain the record for the following periods:

  • (a) the end of the model year report referred to in section 33, for a period of eight years after the model year in question;

  • (b) the evidence of conformity referred to subsection 35(1) or (2), as the case may be, for a period of eight years

    • (i) after the manufacture of the engine is complete, or

    • (ii) after the main assembly of the vehicle or the vessel;

  • (c) for each model year and for each engine or vehicle of each of its fleets, for a period of eight years after the model year in question,

    • (i) the model and emission family,

    • (ii) the name and civil address of the plant where the engine or vehicle was manufactured,

    • (iii) the engine or vehicle identification number,

    • (iv) the family emission limit to which the engine or vehicle conforms,

    • (v) the name and civil address, or mailing address, of the first retail purchaser of the engine or vehicle in Canada, and

    • (vi) for a company that, under subsection 24(4), excludes from its fleet the engines or vehicles referred to in that subsection, a document that demonstrates that the number of engines or vehicles sold in the United States during a given period that are covered by an EPA certificate exceeds the number of those engines or vehicles sold in Canada during that period that are covered by the same EPA certificate; and

  • (d) for a company referred to in subsection 33(4) that imports less than 100 engines or vehicles for a given model year, the number of engines or vehicles imported, for a period of eight years after the model year in question.

• Marginal note:Records retained on company’s behalf

  (2) If the records referred to in subsection (1) are retained on a company’s behalf, the company must keep a record of the name and civic address and, if different, the mailing address of the person who retains those records.

• Marginal note:Deadline to submit records when requested

  (3) If the Minister makes a written request for a record referred to in subsection (1) or (2), the company must submit it to the Minister in either official language

  • (a) within 40 days after the day on which the request is made to the company; or

  • (b) within 60 days after the day on which the request is made to the company, if the record must be translated from a language other than French or English.

Importation Requirements and Documents

Marginal note:Importer’s declaration

• 37 (1) Subject to subsections (2) and (3), for the purposes of paragraph 153(1)(b) of the Act, any person importing an engine, vessel or vehicle into Canada must submit, prior to importation, a declaration to the Minister, signed by that person or their duly authorized representative, that contains the following information:

  • (a) the importer’s name and civic address and, if different, their mailing address;

  • (b) the manufacturer’s name, the number of engines, vessels or vehicles, as the case may be, to be imported and the make, model, model year and class of each of those engines, vessels and vehicles;

  • (c) the day on which they are expected to be imported;

  • (d) if the importer is a company,

    • (i) the business number assigned to the company by the Minister of National Revenue, and

    • (ii) a statement that each of those engines, vessels or vehicles bears the national emissions mark or that the company is able to produce the evidence of conformity referred to in subsection 35(1) or has produced the evidence of conformity in accordance with subsection 35(2), as the case may be; and

  • (e) if the importer is not a company,

    • (i) a statement from the importer that each of those engines, vessels or vehicles bears

      • (A) the national emissions mark,

      • (B) the emission control information label referred to in paragraph 35(1)(d) that indicates, as the case may be, that

        • (I) the engine conformed to the emission standards of the EPA in effect when its manufacture was completed,

        • (II) the fuel lines and fuel tanks installed in the vessel or the outboard conformed to the emission standards of the EPA in effect at the time of the completion of its main assembly, or

        • (III) the vehicle conformed to the emission standards of the EPA in effect at the time of the completion of its main assembly, or

      • (C) a label that indicates that the engine conformed to the emission standards of the California Air Resources Board in effect at the time of its manufacture or the vehicle conformed to the emission standards of the California Air Resources Board in effect at the time of the completion of its main assembly, as the case may be, or

    • (ii) a statement from the manufacturer or their duly authorized representative that, as the case may be,

      • (A) the engine conformed to the standards set out in these Regulations, or to the standards referred to in subclause (i)(B)(I) or clause (i)(C), when its manufacture was completed,

      • (B) each of the fuel lines and fuel tanks installed in the vessel or the outboard, as the case be, conformed to the standards set out in these Regulations, or to the standards referred to in subclause (i)(B)(II), at the time of the completion of the main assembly of the vessel or the manufacture of the outboard, or

      • (C) the vehicle conformed to the standards set out in these Regulations, or to the standards referred to in subclause (i)(B)(III) or clause (i)(C), at the time of the completion of its main assembly.

• Marginal note:Exception

  (2) A person who is not a company who, in a calendar year, imports at most 10 of any combination of engines, vessels and vehicles is not required to make the declaration referred to in subsection (1).

• Marginal note:Alternative declaration

  (3) For the purposes of paragraph 153(1)(b) of the Act, a company that, in a calendar year, imports at least 500 of any combination of engines, vessels and vehicles into Canada may submit the information referred to in subsection (1) in a form and manner that is satisfactory to the Minister.

Marginal note:Declaration — paragraph 155(1)(a) of Act

• 38 (1) A declaration referred to in paragraph 155(1)(a) of the Act must be signed by the importer, or their duly authorized representative, and must contain

  • (a) the information described in paragraphs 37(1)(a) to (c) and subparagraph 37(1)(d)(i);

  • (b) the identification number, if any, of the engine, vessel or vehicle being imported;

  • (c) a statement that the engine, vessel or vehicle is to be used in Canada solely for the purposes of exhibition, demonstration, evaluation or testing; and

  • (d) the day on which the engine, vessel or vehicle is to be removed from Canada or destroyed.

• Marginal note:When to file declaration

  (2) The declaration must be submitted to the Minister before the engine, vessel or vehicle is imported or, in the case of a company whose world production of engines, vessels and vehicles, combined, is at least 2,500 a year, quarterly, at the company’s option.

Marginal note:Subsection 153(2) of Act

39 A company that imports an engine, vessel or vehicle in reliance on subsection 153(2) of the Act must, before the importation, submit a declaration to the Minister, signed by its duly authorized representative, that contains the information described in paragraphs 37(1)(a) to (c) and subparagraph 37(1)(d)(i) along with

• (a) a statement from the manufacturer of the engine, vessel or vehicle that when the engine, or the main assembly of the vessel or the vehicle, is completed in accordance with instructions provided by the manufacturer, the engine, vessel or vehicle will conform to the standards prescribed under these Regulations; and

• (b) a statement from the company that the manufacture of the engine, or the completion of the main assembly of the vessel or vehicle, will be completed in accordance with the instructions referred to in paragraph (a).

Rental Rate

Marginal note:Annual — 21%

40 The annual rental rate to be paid to a company by the Minister under subsection 159(1) of the Act, prorated on a daily basis for each day that an engine, vessel or vehicle is made available, is 21% of the manufacturer’s suggested retail price of the engine, vessel or vehicle.

Exemption

Marginal note:Application

41 A company applying under section 156 of the Act for an exemption from conformity with any standard set out in these Regulations must, before manufacturing or importing an engine, vessel or vehicle, submit the following information, in writing, to the Minister

• (a) its name and civic address and, if different, its mailing address;

• (b) the province or country under the laws of which it is established;

• (c) the section number, title and text of the standards from which an exemption is sought;

• (d) the duration requested for the exemption;

• (e) the estimated number of engines, vessels or vehicles for which the exemption is sought and an estimate of the changes in the level of emissions if the exemption is granted;

• (f) the grounds, based on any of paragraphs 156(1)(a) to (c) for the application, including technical and financial information that supports, in detail, those grounds;

• (g) if the grounds of the application is substantial financial hardship,

  • (i) the world production of engines, vessels or vehicles manufactured by the company, or by the manufacturer of the model of the engine, vessel or vehicle that is the subject of the application, in the 12-month period that begins two years before the beginning of the exemption period that is requested, and

  • (ii) the number of engines, vessels or vehicles manufactured for, or imported into, the Canadian market by the company in that 12-month period; and

• (h) if the company is requesting that information submitted be treated as confidential under section 313 of the Act, the reasons for the request.

Marginal note:Label for exempt engines and vehicles

• 42 (1) If the Governor in Council has, by order, granted an exemption under section 156 of the Act in respect of a model of an engine, vessel or vehicle, all engines, vessels or vehicles of that model must bear a label that meets the requirements set out in subsections 7(3) and (4).

• Marginal note:Contents of label

  (2) That label must set out, in both official languages, the standard for which the exemption has been granted, as well as the title and date of the exemption order.

Defect Information

Marginal note:Contents of notice of defect

• 43 (1) The notice of defect referred to in subsections 157(1) and (4) of the Act must be given in writing and must contain the following information:

  • (a) the name of the company giving the notice;

  • (b) the description of each engine, vessel or vehicle in respect of which the notice is given, including the make, model, identification number, model year, period of production and, if applicable, the EPA emission families;

  • (c) the estimated percentage of the potentially affected engines, vessels or vehicles that contain the defect;

  • (d) a description of the defect;

  • (e) an evaluation of the pollution risk arising from the defect;

  • (f) a statement of the measures to be taken to correct the defect; and

  • (g) a description of the means available to the company to contact the current owner of each affected engine, vessel or vehicle.

• Marginal note:Contents of initial report

  (2) A company must, within 60 days after the day on which a notice of defect is given, submit to the Minister the initial report referred to in subsection 157(7) of the Act that contains the following information:

  • (a) the information required by subsection (1);

  • (b) the number of engines, vessels or vehicles in relation to which the notice of defect has been given;

  • (c) a chronology of all principal events that led to the determination of the existence of the defect;

  • (d) a description of the measures taken to correct the defect; and

  • (e) copies of all notices, bulletins and other circulars published by the company in respect of the defect, including a detailed description of the nature and physical location of the defect with diagrams and other illustrations if necessary.

• Marginal note:Contents of follow-up reports

  (3) The company that gave the notice of defect must submit subsequent regular reports respecting the defect and the measures taken to correct it to the Minister, each of which must contain the following information:

  • (a) the number, title or other identification assigned by the company to the notice of defect;

  • (b) the number of engines, vessels or vehicles in relation to which the notice of defect has been given;

  • (c) the date that notices of defect were given to the current owners of the affected engines, vessels or vehicles; and

  • (d) the number or percentage of engines, vessels or vehicles repaired, and that required inspection only.

• Marginal note:Frequency of follow-up reports

  (4) Each subsequent regular report must be submitted

  • (a) for engines, within 12 months after the submission of the initial report or a prior subsequent regular report, as the case may be; and

  • (b) for vessels and vehicles, within six months after the submission of the initial report or a prior subsequent regular report, as the case may be.

Coming into Force

Marginal note:60 days after registration

• 44 (1) Subject to subsection (2), these Regulations come into force 60 days after the day on which these Regulations are registered.

• Marginal note:Registration

  (2) Sections 1, 2, and 5 and subsections 6(1) and (2) come into force on the day on which these Regulations are registered.

SCHEDULE / ANNEXE(Subsection 6(1)) / (paragraphe 6(1))National Emissions Mark / Marque nationale