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Marginal note:Prescribed engines

 These Regulations apply in respect of the engines that are prescribed under section 5.

Model Year

Marginal note:Model year

  •  (1) A year that is used by a manufacturer of an engine as a model year must

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

  • Marginal note:Limitation

    (2) The period of production must not include more than one January 1.

  • Marginal note:Imported engines

    (3) If an engine that is imported does not bear the engine’s date of manufacture, its model year corresponds to the calendar year during which it is imported.

Prescribed Engines

Marginal note:Section 149 of Act — definition engine

  •  (1) Mobile or stationary compression-ignition engines or mobile large spark-ignition engines — including those that have a complete fuel system — are prescribed for the purposes of the definition engine in section 149 of the Act unless they

    • (a) are regulated under the On-Road Vehicle and Engine Emission Regulations;

    • (b) are or will be installed in a vehicle that is regulated under the On-Road Vehicle and Engine Emission Regulations and are intended to propel such a vehicle;

    • (c) are or will be installed in an auxiliary power unit, as defined in subsection 1(1) of the On-Road Vehicle and Engine Emission Regulations, that is or will be installed in a tractor that is regulated under those Regulations;

    • (d) are regulated under the Marine Spark-ignition Engine, Vessel and Off-road Recreational Vehicle Emission Regulations;

    • (e) are or will be installed in a vehicle that is regulated under the Marine Spark-ignition Engine, Vessel and Off-road Recreational Vehicle Emission Regulations and are intended to propel such a vehicle;

    • (f) are designed exclusively for competition and

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

      • (ii) are not displayed for sale in any public dealership or otherwise offered for sale to the general public, and

      • (iii) bear a label that meets the requirements set out in section 34 and

        • (A) sets out the statement “COMPETITION ENGINE / MOTEUR DE COMPÉTITION”, or

        • (B) meets the requirements set out in section 620, subpart G, of CFR 1039 or, in accordance with section 630, subpart G, of CFR 1048, section 620, subpart G, of CFR 1054, as the case may be;

    • (g) are designed to be used exclusively in a military machine that is designed for use in combat or combat support during military activities only, including reconnaissance missions, rescue missions and training missions, and bear

      • (i) a label to that effect that meets the requirements set out in section 34 and sets out the statement “THIS ENGINE IS DESIGNED TO BE USED EXCLUSIVELY IN MILITARY MACHINES DESIGNED EXCLUSIVELY FOR USE IN COMBAT OR COMBAT SUPPORT DURING MILITARY ACTIVITIES / CE MOTEUR EST CONÇU POUR ÊTRE UTILISÉ EXCLUSIVEMENT DANS DES MACHINES MILITAIRES CONÇUES EXCLUSIVEMENT POUR ÊTRE UTILISÉES DANS LE CADRE D’OPÉRATIONS MILITAIRES DE COMBAT OU D’APPUI TACTIQUE”, or

      • (ii) the United States emission control information label referred to in section 225(e), subpart C, of CFR 1068;

    • (h) are to be exported, will not be used or sold for use in Canada and bear a label that meets the requirements set out in section 34 and sets out the statement “FOR EXPORT, NOT FOR USE OR SALE FOR USE IN CANADA / POUR EXPORTATION, NE DOIT PAS ÊTRE UTILISÉ AU CANADA NI VENDU POUR ÊTRE UTILISÉ AU CANADA”;

    • (i) are regulated under the Multi-Sector Air Pollutants Regulations and bear a label that meets the requirements set out in section 34 and sets out the statement “THIS ENGINE IS REGULATED UNDER THE Multi-Sector Air Pollutants Regulations AND WILL BE USED IN A FACILITY LISTED IN SUBSECTION 46(4) OF THOSE REGULATIONS / CE MOTEUR EST RÉGLEMENTÉ PAR LE Règlement multisectoriel sur les polluants atmosphériques ET SERA UTILISÉ DANS UNE INSTALLATION ÉNUMÉRÉE AU PARAGRAPHE 46(4) DE CE RÈGLEMENT”;

    • (j) have a displacement of 1 000 cm3 or less, a gross engine power of 30 kW or less and meet the requirements that are applicable under the Off-Road Small Spark-Ignition Engine Emission Regulations to an engine of the same model year that is designed to be used in a non-handheld machine;

    • (k) are compression-ignition engines and

      • (i) have a per-cylinder displacement of less than 50 cm3,

      • (ii) are designed to be used in underground mines, but may also be used above ground at those mines, and are certified by

        • (A) the Canada Centre for Mineral and Energy Technology, or

        • (B) the Mine Safety and Health Administration of the United States in accordance with Title 30, chapter I, subchapter B, part 7, subpart E of the Code of Federal Regulations of the United States or Title 30, chapter I, subchapter B, part 36, of the Code of Federal Regulations of the United States,

      • (iii) are designed to be installed in a vessel that has an integrated fuel, cooling or exhaust system, or

      • (iv) are stationary, have a per-cylinder displacement of 30 L or more and bear

        • (A) a label that meets the requirements set out in section 34 and sets out the statement “STATIONARY ENGINE WITH A DISPLACEMENT OF 30 L/CYLINDER OR MORE; NOT SUBJECT TO EMISSIONS STANDARDS UNDER THE CANADIAN REGULATIONS ENTITLED Off-road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engine Emission Regulations / MOTEUR FIXE AYANT UNE CYLINDRÉE DE 30 L OU PLUS; NON ASSUJETTI AUX NORMES D’ÉMISSIONS PRÉVUES PAR LE RÈGLEMENT CANADIEN INTITULÉ Règlement sur les émissions des moteurs hors route à allumage par compression (mobiles et fixes) et des gros moteurs hors route à allumage commandé”, or

        • (B) the applicable United States emission control information label referred to in section 4210, subpart IIII, of CFR 60; or

    • (l) are large spark-ignition engines, are or will be installed in or on an emergency machine and bear a label that meets the requirements set out in section 34 and sets out the statement “LARGE SPARK-IGNITION ENGINE FOR USE IN OR ON AN EMERGENCY MACHINE ONLY / GROS MOTEUR À ALLUMAGE COMMANDÉ POUR UTILISATION DANS OU SUR UNE MACHINE DE PREMIÈRE INTERVENTION SEULEMENT”.

  • Marginal note:Section 152 of Act

    (2) For the purposes of section 152 of the Act, the prescribed engines are those referred to in subsection (1) that are manufactured in Canada other than

    • (a) engines that

      • (i) are covered by an EPA certificate,

      • (ii) are sold concurrently in Canada and the United States, and

      • (iii) had their manufacture completed in Canada by the addition of

        • (A) an emission control system for exhaust emissions, or part of such a system, in a manner that conforms to the certificate and the certificate holder’s installation instructions, or

        • (B) a complete fuel system, or part of such a system, in a manner that conforms to the certificate and the certificate holder’s installation instructions; and

    • (b) engines that are to be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing.

  • Marginal note:Section 154 of Act

    (3) The classes of engines that are prescribed for the purposes of section 154 of the Act are those that are prescribed under subsection (1).

Engine Standards

General Standards

Marginal note:Evaporative emission standards — application

 The evaporative emission standards referred to in these Regulations apply in respect of engines that have a complete fuel system with non-metallic fuel lines or fuel tanks and that are fuelled with volatile liquid fuels.

Marginal note:Emission control system — requirements

  •  (1) An emission control system that is installed on an engine 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 had not been installed; or

    • (b) in its operation or malfunction, make the engine or the machine in which the engine is installed unsafe, or endanger persons or property near the engine or machine.

  • Marginal note:Defeat device

    (2) An engine must not be equipped with 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, unless a description of the auxiliary emission control device is included in the evidence of conformity under section 40 or 41 and

    • (a) the conditions under which the auxiliary emission control device operates are substantially included in the test procedures referred to in subsection 1(4);

    • (b) the auxiliary emission control device is needed to protect the engine against damage or accident;

    • (c) the auxiliary emission control device is only used to start the engine;

    • (d) the auxiliary emission control device is installed in a compression-ignition engine that is designed to power an emergency machine and is activated during emergency response operations to maintain speed, torque or power in either of the following circumstances:

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

      • (ii) the device acts to maintain the emission control system in a normal state; or

    • (e) the auxiliary emission control device is installed in a compression-ignition engine other than one referred to in paragraph (d) and the following criteria are met:

      • (i) the auxiliary emission control device

        • (A) is designed to prevent the operation of the emission control system only to the extent necessary to allow the engine to meet the demands of an emergency situation,

        • (B) is accompanied by a notice in writing discouraging improper use of the auxiliary emission control device,

        • (C) is designed so that it can only operate for a maximum of 120 hours in total before it has to be reset,

        • (D) is designed so that it can only be reset to reestablish the time limit referred to in clause (C) by the input of a temporary code, the reconfiguration of the engine’s electronic control module or the use of another secure feature that is unique to each engine, and

        • (E) is designed so that its operation can be manually stopped, and

      • (ii) the engine on which the auxiliary emission control device is installed is designed to electronically record the number of times the auxiliary emission control device is used.

  • Marginal note:Standards

    (3) Subject to subsection 11(2), if a compression-ignition engine is equipped with an auxiliary emission control device referred to in subsection (2) that meets the requirements set out in paragraph (2)(d) or (e), the engine and the diagnostic system with which it is equipped are not required to conform to the following standards when the auxiliary emission control device is operating:

    • (a) in the case of the engine, the standards referred to in sections 10 to 16; and

    • (b) in the case of the diagnostic system, the standards referred to in section 17.

Marginal note:Adjustable parameters — requirements

  •  (1) Engines equipped with adjustable parameters must conform to the applicable standards under these Regulations for any specification within the physically adjustable range.

  • Marginal note:Engines using non-commercial fuel

    (2) Subsection (1) does not apply to an engine that is designed to operate using fuel that is not generally offered for sale in Canada if the engine is adjusted in accordance with the manufacturer’s instructions referred to in subsection 36(2) and conforms to the applicable standards under these Regulations for those specifications.

Marginal note:Alternative test procedures

  •  (1) Despite subsection 1(4), a company may, instead of using the test procedures set out in CFR 60 in respect of their stationary compression-ignition engines, replace one or more of those test procedures with alternative test procedures that have parameters and specifications that are equivalent to or more stringent than the parameters and specifications of the test procedures set out in CFR 60.

  • Marginal note:Published test procedures

    (2) The alternative test procedures referred to in subsection (1) must be included in a test procedure published by

    • (a) the government of a state or of a political subdivision of a state, or an institution of a state or of a political subdivision of a state;

    • (b) an international organization of states or an international organization that is established by the governments of states, or an institution of any of those international organizations; or

    • (c) an organization that develops test procedures based on consensus and that is internationally recognized as being competent to establish those test procedures.

  • Marginal note:Equivalence

    (3) A company that uses alternative test procedures under subsection (1) must, as part of the evidence of conformity under section 40 or 41, as the case may be, include evidence demonstrating that the alternative test procedures have parameters and specifications that are equivalent to or more stringent than the parameters and specifications of the test procedures set out in CFR 60.

Compression-Ignition Engine Standards

Emission Standards

Marginal note:Emission standards — mobile engines

  •  (1) Subject to sections 12 to 15 and 22 and 23, a mobile compression-ignition engine must conform to

    • (a) the exhaust emission standards set out in sections 101(a) to (c) and (e) and (f), subpart B, of CFR 1039;

    • (b) the crankcase emission standards set out in section 115(a), subpart B, of CFR 1039;

    • (c) the smoke emission standards set out in section 105, subpart B, of CFR 1039; and

    • (d) the evaporative emission standards set out in sections 105(a), (c) and (d), subpart B, of CFR 1048 for large spark-ignition engines.

  • Marginal note:Useful life

    (2) The standards referred to in subsection (1) apply for the useful life of the engine, as specified

    • (a) in the case of the standards referred to in paragraphs (1)(a) to (c), in section 101(g), subpart B, of CFR 1039; and

    • (b) in the case of the standards referred to in paragraph (1)(d), in section 105, subpart B, of CFR 1048.

Marginal note:Emission standards — stationary engines

  •  (1) Subject to sections 15, 16 and 23, a stationary compression-ignition engine must conform to the emission standards set out in sections 4201(a), (c) and (e)(2), subpart IIII, of CFR 60.

  • Marginal note:Auxiliary emission control device

    (2) An engine referred to in subsection (1) that is equipped with an auxiliary emission control device referred to in subsection 7(2) that meets the requirements set out in paragraph 7(2)(d) or (e) must conform to the emission standards set out in section 4210(j), subpart IIII, of CFR 60 when the auxiliary emission control device is operating.

  • Marginal note:Useful life

    (3) The standards referred to in subsection (1) apply for the applicable useful life, as follows:

    • (a) for engines that have a per-cylinder displacement of less than 10 L,

      • (i) for engines that have a gross power of less than 19 kW, a period of 3000 hours of operation or five years of use, whichever occurs first, or the useful life referred to in section 101(g), subpart B, of CFR 1039,

      • (ii) for constant speed engines that have a gross power of 19 kW or more but less than 37 kW and a rated speed of 3000 rpm or more, a period of 3000 hours of operation or five years of use, whichever occurs first, or the useful life referred to in section 101(g), subpart B, of CFR 1039,

      • (iii) for engines, other than those referred to in subparagraph (ii), that have a gross power of 19 kW or more but less than 37 kW, a period of 5000 hours of operation or seven years of use, whichever occurs first, or the useful life referred to in section 101(g), subpart B, of CFR 1039, and

      • (iv) for engines that have a gross power of 37 kW or more, a period of 8000 hours of operation or 10 years of use, whichever occurs first, or the useful life referred to in section 101(g), subpart B, of CFR 1039; and

    • (b) for engines that have a per-cylinder displacement of 10 L or more but less than 30 L, a period of 20,000 hours of operation or 10 years of use, whichever occurs first, or the useful life referred to in section 101(e), subpart B, of CFR 1042.

 

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