Locomotive Emissions Regulations (SOR/2017-121)
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Regulations are current to 2024-11-26
Idling
Marginal note:Prohibition — idling
10 (1) Subject to subsection (2), a railway company must ensure that the locomotives in its active fleet do not idle for more than 30 minutes.
Marginal note:Exceptions
(2) A locomotive may idle for more than 30 minutes to the extent that is necessary to
(a) prevent locomotive engine damage, such as damage resulting from the freezing of the engine coolant;
(b) maintain air pressure for the brakes or the starter system;
(c) recharge the locomotive battery;
(d) heat or cool the cab, if the heating or cooling is necessary for reasons of health and safety;
(e) provide head end power, if necessary for reasons of passenger health and safety;
(f) perform diagnostic testing and necessary maintenance; or
(g) respond to an emergency.
Marginal note:Anti-idling policy
(3) A railway company must
(a) have a written anti-idling policy that reflects the railway company’s commitment to reducing locomotive idling;
(b) submit the policy to the Minister together with, as the case may be, the initial report filed under section 13 or the incidental operations report filed under section 16;
(c) if an amendment is made to the policy, submit a copy of the amended version to the Minister
(i) together with the annual report filed under section 14, or
(ii) within 45 days after the end of each calendar year, if the company operates its locomotives in Canada as part of incidental operations; and
(d) keep a copy of the policy that was submitted in accordance with paragraph (b) and, if it was amended, a copy of the amended version.
Records and Information
Marginal note:Application — exception
11 Sections 12 to 15 do not apply to a railway company that operates its locomotives in Canada as part of incidental operations.
Contents of Record
Marginal note:Contents of record — total fleet
12 (1) A railway company must keep, for each locomotive in its total fleet, a record containing the following information:
(a) a statement indicating whether the locomotive is a line-haul locomotive or a switch locomotive;
(b) a statement indicating the type of rail transportation service for which the locomotive is primarily operated;
(c) the date of original manufacture;
(d) the locomotive’s tier of standards;
(e) the locomotive identification number;
(f) the name of the locomotive manufacturer or remanufacturer, as the case may be;
(g) the model of the locomotive;
(h) the name of the locomotive engine manufacturer or remanufacturer, as the case may be; and
(i) the model of the locomotive engine.
Marginal note:Additional information — active fleet
(2) In addition to the information set out in subsection (1), for each of the locomotives in its active fleet, a railway company must include in the locomotive’s record the following information:
(a) a description of the locomotive engine or locomotive engines, including the total rated power, the number of cylinders and the type of fuel;
(b) the locomotive’s annual fuel consumption by type of fuel or, in the absence of that information, the annual fuel consumption of the active fleet by type of rail transportation service and type of fuel; and
(c) the useful life of the locomotive.
Marginal note:Additional information — new locomotives covered by EPA certificates
(3) In addition to the information set out in subsections (1) and (2), for each new locomotive in its active fleet that is covered by an EPA certificate and to which the exhaust emission standards referred to in section 4 apply, a railway company must include in the locomotive’s record the following information:
(a) the EPA engine family number applicable to the locomotive;
(b) a statement as to whether the locomotive is an imported locomotive, a freshly manufactured locomotive, a refurbished locomotive, a remanufactured locomotive or an upgraded locomotive, or any combination of these;
(c) the date on which the locomotive was placed into service; and
(d) any maintenance performed on the locomotive that substantially affects its emissions or that is likely to substantially affect its emissions.
Marginal note:Additional information — new locomotives not covered by EPA certificates
(4) In addition to the information set out in subsections (1) and (2), for each new locomotive in its active fleet that is not covered by an EPA certificate and to which the exhaust emission standards referred to in section 4 apply, a railway company must include in the locomotive’s record the following information:
(a) a description of the locomotive’s anti-idling technology;
(b) a description of the locomotive’s crankcase emissions handling;
(c) a description of the basic engine design;
(d) a description of the emission control equipment and related components and an explanation of the operation of the emission control system;
(e) the results of all emissions testing;
(f) the date and time of each emissions test;
(g) the locomotive’s hours of operation at the time of each test;
(h) a statement indicating whether the locomotive is an imported locomotive, a freshly manufactured locomotive, a refurbished locomotive, a remanufactured locomotive or an upgraded locomotive, or any combination of these;
(i) the date on which the locomotive was placed into service; and
(j) any maintenance performed on the locomotive that substantially affects its emissions or that is likely to substantially affect its emissions.
Marginal note:Additional information — locomotives permanently removed from total fleet
(5) In addition to the information set out in subsections (1) to (4), as applicable, for each locomotive that is permanently removed from its total fleet, a railway company must include in the locomotive’s record the following information:
(a) the date of its removal; and
(b) the reasons for its removal.
Initial Report
Marginal note:Filing of initial report
13 (1) A railway company must file with the Minister
(a) in the case of a company created on or before the day on which these Regulations come into force, a report with respect to all of the locomotives in its total fleet, as the fleet existed on that day, within 90 days after that day; and
(b) in the case of a company created after the day on which these Regulations come into force, a report with respect to each locomotive in its total fleet, as the fleet existed on the day on which the company was created, within 90 days after the day of its creation.
Marginal note:Contents of initial report
(2) The report must contain the following information:
(a) the name of the railway company, the address of its head office and, if different, its mailing address;
(b) the address of the department within the railway company responsible for maintaining the records required under section 12;
(c) the name, telephone number and email address of the contact person for the railway company; and
(d) for each locomotive in its total fleet, the information set out in subsection 12(1).
Annual Report
Marginal note:Filing of annual report
14 (1) A railway company must file with the Minister, within 45 days after the end of each calendar year beginning after the end of 2018, a report with respect to each locomotive in its active fleet, as the fleet existed on December 31 of the calendar year, and each locomotive permanently removed from its total fleet in the calendar year.
Marginal note:Contents of annual report
(2) The report must contain the following information:
(a) the name of the railway company, the address of its head office and, if different, its mailing address;
(b) the address of the department within the railway company responsible for maintaining the records required under section 12;
(c) the name, telephone number and email address of the contact person for the railway company;
(d) for each locomotive in its active fleet, the information set out in subsections 12(1) and (2);
(e) in the case of a new locomotive in its active fleet to which the exhaust emission standards set out in section 4 apply,
(i) the information set out in paragraphs 12(3)(a) to (c), if the locomotive is covered by an EPA certificate, and
(ii) the information set out in paragraphs 12(4)(a) to (i), if the locomotive is not covered by an EPA certificate; and
(f) in the case of a locomotive permanently removed from the total fleet during the calendar year, the information set out in subsections 12(1) and (5).
In-use Test Report
Marginal note:Filing of in-use test report
15 (1) A railway company must file with the Minister, within 90 days after the end of each calendar year, a report with respect to each locomotive tested under subsection 7(3) in that calendar year.
Marginal note:Contents of in-use test report
(2) The report must contain the following information:
(a) the name of the railway company, the address of its head office and, if different, its mailing address;
(b) the address of the department within the railway company responsible for maintaining the records required under section 12;
(c) the name, telephone number and email address of the contact person for the railway company; and
(d) the information set out in subsection 12(1) and paragraphs 12(4)(e) to (g).
Incidental Operations Report
Marginal note:Filing of incidental operations report
16 (1) A railway company that operates its locomotives in Canada as part of incidental operations must file with the Minister
(a) in the case of a company created on or before the day on which these Regulations come into force, a report confirming the incidental operations existing on that day, within 90 days after that day;
(b) in the case of a company created after the day on which these Regulations come into force, a report confirming the incidental operations existing on the day on which the company is created, within 90 days after the day of its creation; and
(c) in the case of a company, other than a company referred to in paragraph (b), that begins incidental operations after the day on which these Regulations come into force, a report confirming the incidental operations and the day on which those operations began, within 90 days after that day.
Marginal note:Contents of incidental operations report
(2) The report must contain the following information:
(a) the name of the railway company, the address of its head office and, if different, its mailing address;
(b) the address of the department within the railway company responsible for keeping the copies of the anti-idling policy referred to in subsection 10(3);
(c) the name, telephone number and email address of the contact person for the railway company; and
(d) a statement from the railway company that it operates its locomotives in Canada as part of incidental operations.
Report Certification
Marginal note:Certification
17 Each report referred to in sections 13 to 16 must include a certification, by the person responsible for the oversight of the railway company’s locomotive emissions program or by a person authorized to act on that person’s behalf, that all the information contained in the report is accurate.
Keeping of Records and Information
Marginal note:Records — duration
18 (1) A railway company must keep every record referred to in section 12 for at least four years after the day on which the locomotive is permanently removed from its total fleet.
Marginal note:Reports — duration
(2) A railway company must keep every report referred to in sections 13 to 16 for at least eight years after the day on which it is filed.
Marginal note:Records and reports — form
(3) A railway company must keep every record and report in written form or in a readily readable electronic or optical form.
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