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

Registration System

Marginal note:Auxiliary emission control device

• 50 (1) For the purposes of paragraph 153(1)(h) of the Act, the registration system maintained by a company in respect of the engines that it manufactures or imports must include the following information:

  • (a) the serial number of each engine 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)(e); and

  • (b) for each engine referred to in paragraph (a), if available,

    • (i) the number of requests received by the company or on the company’s behalf for the reset of the auxiliary emission control device and, for each request, a summary of the emergency situation in which the auxiliary emission control device was activated, based on the information provided in the request for reset, and

    • (ii) the number of times the auxiliary emission control device has been reset.

• Marginal note:Imported engines

  (2) In the case of an imported engine, the registration system in respect of the engine may be maintained by the manufacturer of the engine on the company’s behalf.

• Marginal note:Period of retention

  (3) The information included in the registration system in respect of an engine must be retained for a period of eight years beginning on the day on which the engine is imported or its manufacture is completed.

• Marginal note:Location of retention

  (4) If the registration system is retained at a location other than a place of business of the company, the company must keep a record of the name and telephone number of a contact person at that location as well as the street address and, if different, the mailing address of that location.

Rental Rate

Marginal note:Subsection 159(1) of Act

51 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 is made available, is 12% of the manufacturer’s suggested retail price for the engine.

Exemption

Marginal note:Application for exemption

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

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

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

• (c) the province or country under the laws of which the company is established;

• (d) the standards from which an exemption is sought, including a reference to the provisions of these Regulations that prescribe the standards;

• (e) the duration requested for the exemption;

• (f) the estimated number of engines for which the exemption is sought and an estimate of the changes in emissions if the exemption is granted;

• (g) the reason for requesting the exemption, including technical and financial information that demonstrates in detail why conformity to the standards referred to in paragraph (d) would

  • (i) create substantial financial hardship for the company,

  • (ii) impede the development of new features for emission monitoring or emission control that are equivalent or superior to those that conform to prescribed standards, or

  • (iii) impede the development of new kinds of engines or engine systems or components;

• (h) if the basis of the application is substantial financial hardship,

  • (i) the world production of engines manufactured by the company or by the manufacturer that is the subject of the application in the 12-month period beginning two years before the start of the exemption period being sought, and

  • (ii) the total number of engines manufactured for, or imported into, the Canadian market in the 12-month period beginning two years before the start of the exemption period being sought; and

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

Defect Information

Marginal note:Required information

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

  • (a) the name of the company giving the notice and its street address and, if different, mailing address, and the name, email address, telephone number and, if any, facsimile number of the appropriate contact person;

  • (b) for each engine in respect of which the notice is given, its make, model and model year, the name of its manufacturer, the period during which it was manufactured and any applicable emission families;

  • (c) the range or ranges of unique identification numbers for the engines in respect of which the notice is given, if known;

  • (d) a description of the machine or type of machine in or on which the engine is installed or is likely to be installed;

  • (e) the total number of engines in respect of which the notice is given or, if the total number is not known, the estimated number;

  • (f) the estimated percentage of the potentially affected engines that contain the defect;

  • (g) a description of the defect;

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

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

  • (j) a chronology of the principal events that led to the determination of the existence of the defect, if known; and

  • (k) a description of the means available to the company to contact the current owner of each defective engine.

• Marginal note:Language of notice

  (2) The notice of defect must be given in writing and, when given to a person other than the Minister, must be

  • (a) in both official languages; or

  • (b) in the person’s official language of choice, if it is known.

• Marginal note:Initial report

  (3) A company must, within 60 days after giving a notice of defect, submit to the Minister the initial report referred to in subsection 157(7) of the Act containing

  • (a) an update to the information referred to in subsection (1), if there have been any changes to that information;

  • (b) if not already provided in the notice,

    • (i) the range or ranges of unique identification numbers for the engines in respect of which the notice is given,

    • (ii) the total number of engines in relation to which the notice of defect has been given, and

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

  • (c) copies of all notices, bulletins and other circulars issued 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 as necessary.

• Marginal note:Quarterly report

  (4) If a company submits an initial report under subsection (3), it must submit, within 45 days after the end of each quarter, a quarterly report to the Minister respecting the defect and its correction that contains the following information:

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

  • (b) if applicable, the revised number of engines in respect of which the notice of defect was given;

  • (c) the date on which the notice of defect was given to the current owners of the affected engines and the dates of any follow-up communications; and

  • (d) the total number or percentage of engines repaired by or on behalf of the company, including engines requiring inspection only.

Transitional Provisions

Marginal note:SOR/2005-32

• 54 (1) The provisions of the Off-Road Compression-Ignition Engine Emission Regulations set out in column 1 of the table to this subsection, as they read immediately before the day on which these Regulations come into force, continue to apply to engines — other than transition engines referred to in subsection (2) — whose manufacture was completed before the day on which these Regulations come into force, instead of the provisions of these Regulations set out in column 2.

  	Column 1	Column 2
  Item	Provisions of the Off-Road Compression-Ignition Engine Emission Regulations	Provisions of the Off-road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engine Emission Regulations
  1	section 1	section 1
  2	section 3	section 3
  3	section 5	section 5
  4	sections 8 to 12, 14 and 24	sections 6 to 11, 14, 16 to 25 and 28 to 34
  5	sections 15 and 15.1	sections 36 to 39
  6	sections 16 to 17.1	sections 40 to 42
  7	section 18	section 49

• Marginal note:Transition engines

  (2) The provisions of the Off-Road Compression-Ignition Engine Emission Regulations, as they read immediately before the day on which these Regulations come into force, continue to apply to transition engines within the meaning of section 13 of those Regulations, instead of the provisions of these Regulations.

• Marginal note:References to CFR

  (3) For the purposes of this section, a reference in the Off-Road Compression-Ignition Engine Emission Regulations to a provision of the CFR is to be read as a reference to that provision as it read immediately before the day on which these Regulations come into force.

Amendments to These Regulations

55 [Amendments]

56 [Amendments]

Related Amendments

Off-Road Small Spark-Ignition Engine Emission Regulations

57 [Amendments]

58 [Amendments]

59 [Amendments]

60 [Amendments]

61 [Amendments]

62 [Amendments]

63 [Amendments]

64 [Amendments]

65 [Amendments]

66 [Amendments]

67 [Amendments]

68 [Amendments]

69 [Amendments]

70 [Amendments]

Marine Spark-ignition Engine, Vessel and Off-road Recreational Vehicle Emission Regulations

71 [Amendments]

72 [Amendments]

73 [Amendments]

74 [Amendments]

75 [Amendments]

76 [Amendments]

77 [Amendments]

Repeal

78 The Off-Road Compression-Ignition Engine Emission RegulationsFootnote ³ are repealed.

• Return to footnote ³SOR/2005-32