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

Unique Identification Number

Marginal note:Unique identification number

35 For the purposes of paragraph 153(1)(d) of the Act, a unique identification number must be affixed to every engine. It must be legible and be on a label or be engraved on, stamped on or moulded into the engine.

Instructions

Marginal note:Engine maintenance

• 36 (1) Every company must ensure that the first retail purchaser of every engine, including an engine that is installed in a machine, is provided with written instructions respecting emission-related maintenance and that the instructions are consistent with the instructions set out in

  • (a) in the case of a mobile compression-ignition engine or a large spark-ignition engine covered by an EPA certificate issued under CFR 1039 or a large spark-ignition engine that meets the alternative standards referred to in section 19 of these Regulations, section 109(a), subpart B, of CFR 89 or sections 125(a) to (d) and (f), subpart B, of CFR 1039, as the case may be;

  • (b) in the case of a stationary compression-ignition engine, section 4210(c), subpart IIII, of CFR 60, sections 125(a) to (d) and (f), subpart B, of CFR 1039 or sections 125(a) to (d) and (f), subpart B, of CFR 1042, as the case may be; and

  • (c) in the case of a large spark-ignition engine, other than an engine that is covered by an EPA certificate issued under CFR 1039 or an engine that meets the alternative standards referred to in section 19 of these Regulations, sections 125(a) to (d) and (f), subpart B, of CFR 1048.

• Marginal note:Engines using non-commercial fuel

  (2) Every company must ensure that the first retail purchaser of every engine — other than an engine referred to in subsection 40(1) — that is designed to operate using fuel that is not generally offered for sale in Canada is provided with written instructions describing how the engine’s adjustable parameters are to be adjusted so that the engine conforms to the emission standards prescribed under these Regulations while the engine is operating on fuel that is not generally offered for sale in Canada.

• Marginal note:Language

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

Marginal note:Instructions — replacement engines

37 Every company that imports or manufactures a replacement engine for which the manufacture may be completed to achieve different configurations must ensure that the engine is accompanied by written instructions for completing the manufacture of the engine to achieve those configurations and for determining the configurations that are appropriate for an engine that will be used in a given application.

Marginal note:Instructions — installation of emission control system

• 38 (1) Every company must ensure that every engine that is to be installed in or on a machine in Canada is accompanied by written instructions for installing the engine and emission control system, or the address of the place or the website where those instructions may be obtained.

• Marginal note:Required information

  (2) The instructions must contain the following information:

  • (a) detailed installation procedures for the engine, the emission control system and any of their components; and

  • (b) the limits on the types of use for the engine to ensure that the emission standards are conformed to and, in the case of a compression-ignition engine that is used in a transportation refrigeration unit, the information referred to in section 645(d)(2), subpart G, of CFR 1039.

• Marginal note:Language

  (3) The instructions must be provided in English, French or both official languages, as requested by the installer.

Marginal note:Auxiliary emission control device

• 39 (1) Every company must ensure that every engine that is equipped with an auxiliary emission control device described in paragraph 7(2)(e) is accompanied by written instructions for its use and how to request its reset.

• Marginal note:Language

  (2) The instructions must be provided in both official languages.

Evidence of Conformity

Marginal note:Engine covered by EPA certificate

• 40 (1) For the purposes of paragraph 153(1)(b) of the Act, in the case of an engine that is covered by an EPA certificate and that, under subsection 23(1) or (2), conforms to the standards referred to in the EPA certificate instead of the applicable standards set out in sections 10 to 22, the evidence of conformity to be obtained and produced by a company includes

  • (a) a copy of the EPA certificate covering the engine and, if they form part of the engine’s complete fuel system, the attached fuel lines or attached fuel tanks;

  • (b) a copy of the records submitted to the EPA in support of each application for an EPA certificate, and any amended application, in respect of an engine or fuel lines or fuel tanks that form part of a complete fuel system of an engine;

  • (c) if the engine is sold concurrently in Canada and the United States, one or both of the following:

    • (i) a document demonstrating that the engine is sold concurrently in Canada and the United States, or

    • (ii) a document demonstrating that the engine bears the national emissions mark;

  • (d) a copy of the United States emission control information label referred to in section 32; and

  • (e) for the purpose of testing the engine for conformity with exhaust emission standards, all information required to reproduce the emissions tests that generated the results contained in the records referred to in paragraph (b).

• Marginal note:Submission

  (2) If the engine does not bear the national emissions mark and is not sold concurrently in Canada and the United States, the company must submit the evidence of conformity referred to in paragraphs (1)(a), (b) and (d) to the Minister before importing the engine or applying a national emissions mark to it.

Marginal note:Engine not covered by EPA certificate

• 41 (1) Subject to subsection (2) and for the purposes of paragraph 153(1)(b) of the Act, in the case of an engine other than one referred to in subsection 40(1), evidence of conformity must be obtained and produced by a company in a form and manner that is satisfactory to the Minister, and must include a copy of the label referred to in section 28 or 29, paragraph 30(a) or section 31, as the case may be.

• Marginal note:Engine altered for off-road use

  (2) For the purposes of paragraph 153(1)(b) of the Act, in the case of an engine referred to in section 22 that conforms to the emission standards that were applicable to it under the On-Road Vehicle and Engine Emission Regulations before its alteration, evidence of conformity must be obtained and produced by a company in a form and manner that is satisfactory to the Minister.

• Marginal note:Submission

  (3) A company must submit the evidence of conformity referred to in subsections (1) and (2) to the Minister as follows:

  • (a) in the case of the evidence of conformity referred to in subsection (1), before importing the engine or applying a national emissions mark to it; and

  • (b) in the case of the evidence of conformity referred to in subsection (2), before applying a national emissions mark to the engine or selling it.

Marginal note:Subsection 153(2) of Act

42 For greater certainty, a company that imports an engine or applies a national emissions mark to it in reliance on subsection 153(2) of the Act must submit the required evidence of conformity to the Minister before the engine leaves the possession or control of the company.

Marginal note:Suspension or revocation of EPA certificate

43 If an EPA certificate referred to in subsection 40(1) is suspended or revoked, the company must submit the following information to the Minister within 60 days after the day on which the certificate is suspended or revoked:

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

• (b) the name, email address and telephone number of an authorized representative of the company;

• (c) a copy of the EPA certificate that was suspended or revoked;

• (d) a copy of the EPA decision to suspend or revoke the certificate; and

• (e) the make, model and model year of the engines that are covered by the EPA certificate.

Declarations

Declarations Prior to Importation

Marginal note:Declaration — company

• 44 (1) For the purposes of paragraph 153(1)(b) of the Act, a company that imports an engine must make a declaration that contains the following information:

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

  • (b) the name, email address and telephone number of an authorized representative of the company;

  • (c) the business number assigned to the company by the Minister of National Revenue; and

  • (d) in respect of the engine,

    • (i) its expected date of importation,

    • (ii) its unique identification number, make, model and model year and the name of the engine manufacturer,

    • (iii) if the engine is installed in a machine, the type of machine, the name of the machine manufacturer and the machine’s make and model,

    • (iv) any applicable emission families,

    • (v) a statement as to whether or not the engine

      • (A) is covered by an EPA certificate,

      • (B) belongs to an emission family that includes engines that are sold concurrently in Canada and the United States,

      • (C) bears the national emissions mark, and

      • (D) is a replacement engine,

    • (vi) as applicable, a statement that the engine

      • (A) is an engine referred to in subsection 12(1), 13(1), 14(1), 15(1) or 16(1), (2) or (3), as the case may be, and conforms to the alternative standards referred to in that subsection, or

      • (B) is a compression-ignition engine that powers an emergency machine,

    • (vii) as applicable, a statement that the company

      • (A) is able to provide the required evidence of conformity, or

      • (B) has provided the required evidence of conformity, and

    • (viii) as applicable,

      • (A) a statement that the required evidence of conformity is retained at a place of business of the company and, if that place of business is located at a place other than the street address referred to in paragraph (a), the street address of that place of business, or

      • (B) a statement that the required evidence of conformity is retained at a location other than a place of business of the company and the name and telephone number of a contact person at that location and the street address and, if different, the mailing address of that location.

• Marginal note:Submission

  (2) Subject to subsection (3), the declaration must be signed by an authorized representative of the company and submitted to the Minister before the engine is imported, unless a declaration containing the information referred to in paragraphs (1)(a) to (d) has been submitted to the Canada Border Services Agency using the electronic declaration system made available by the Agency.

• Marginal note:50 engines or more

  (3) A company that imports 50 engines or more during a calendar year may submit the declaration after importation — but no later than March 31 of the calendar year following the calendar year during which the engines are imported — if, before importing the first of those engines, the company submits a notice to the Minister that includes the following information:

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

  • (b) the name, email address and telephone number of an authorized representative of the company;

  • (c) the business number assigned to the company by the Minister of National Revenue; and

  • (d) a statement that the company will import 50 engines or more during the calendar year.

• Marginal note:One-time submission

  (4) The notice referred to in subsection (3) is only required to be submitted in respect of the first calendar year during which the company imports engines in reliance on that subsection.

• Marginal note:Replacement engines

  (5) Subsection (3) does not apply in respect of replacement engines.