Off-road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engine Emission Regulations (SOR/2020-258)

Marginal note:Concurrent sale

2 For the purposes of these Regulations, an engine that is sold in Canada is considered to be sold concurrently in Canada and in the United States if an engine that belongs to the same emission family — or to the same emission families in the case of an engine that is subject to evaporative emission standards and belongs to more than one emission family — is offered for sale in the United States during the 365 days preceding

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

• (b) in the case of an engine that is manufactured in Canada,

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

  • (ii) if the day referred to in subparagraph (i) is not known, the day on which the manufacture of the engine was completed.

Application

Marginal note:Prescribed engines

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

Model Year

Marginal note:Model year

• 4 (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

• 5 (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

6 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

• 7 (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.