Interpretation

• 1 (1) The following definitions apply in these Regulations.

  Act

  Act means the Canadian Environmental Protection Act, 1999. (Loi)

  approach angle

  approach angle means the smallest angle, in a plan side view of a vehicle, formed by the level surface on which the vehicle is standing and a line tangent to the front tire static loaded radius arc and touching the underside of the vehicle forward of the front tire. (angle d’approche)

  auxiliary emission control device

  auxiliary emission control device means any element of design that senses temperature, vehicle speed, engine RPM, transmission gear, manifold vacuum, or any other parameter for the purpose of activating, modulating, delaying, or deactivating the operation of any part of an emission control system. ((dispositif antipollution auxiliaire))

  basic vehicle frontal area

  basic vehicle frontal area means the area enclosed by the geometric projection of the basic vehicle, which includes tires but does not include mirrors or air deflectors, along the longitudinal axis of the vehicle onto a plane perpendicular to that axis. (surface frontale du véhicule de base)

  break-over angle

  break-over angle means the supplement of the largest angle, in the plan side view of a vehicle, that can be formed by two lines tangent to the front and rear static loaded radii arcs and intersecting at a point on the underside of the vehicle. (angle de rampe)

  CFR

  CFR means Title 40, chapter I, subchapter C, part 86, of the Code of Federal Regulations of the United States as amended from time to time. (CFR)

  Class I motorcycle

  Class I motorcycle means a motorcycle having an engine displacement of less than 170 cm³. (motocyclette de classe I)

  Class II motorcycle

  Class II motorcycle means a motorcycle having an engine displacement of 170 cm³ or more but less than 280 cm³. (motocyclette de classe II)

  Class III motorcycle

  Class III motorcycle means a motorcycle having an engine displacement of 280 cm³or more. (motocyclette de classe III)

  complete heavy-duty vehicle

  complete heavy-duty vehicle means a heavy-duty vehicle having a GVWR of 6350 kg (14,000 pounds) or less that is powered by an Otto-cycle engine and that has a primary load carrying device or container attached at the time the vehicle leaves the control of the manufacturer of the engine. (véhicule lourd complet)

  crankcase emissions

  crankcase emissions means substances that cause air pollution and that are emitted to the atmosphere from any portion of the engine crankcase ventilation or lubrication systems. (émissions du carter)

  curb weight

  curb weight means the actual or manufacturer’s estimated weight of a vehicle in operational status with all standard equipment and weight of fuel at nominal tank capacity and the weight of optional equipment. (masse en état de marche)

  departure angle

  departure angle means the smallest angle, in a plan side view of a vehicle, formed by the level surface on which the vehicle is standing and a line tangent to the rear tire static loaded radius arc and touching the underside of the vehicle rearward of the rear tire. (angle de sortie)

  diesel engine

  diesel engine means a type of engine that has operating characteristics significantly similar to those of the theoretical Diesel combustion cycle. The non-use of a throttle during normal operation is indicative of a diesel engine. (moteur diesel)

  diesel heavy-duty vehicle

  diesel heavy-duty vehicle means a heavy-duty vehicle that is powered by a diesel engine. (véhicule lourd diesel)

  element of design

  element of design means, in respect of a vehicle or engine,

  • (a) any control system, including computer software, electronic control systems and computer logic;

  • (b) any control system calibrations;

  • (c) the results of systems interaction; or

  • (d) any hardware items. (élément de conception)

  emission control system

  emission control system means a unique group of emission control devices, auxiliary emission control devices, engine modifications and strategies, and other elements of design used to control exhaust emissions from a vehicle. (système antipollution)

  EPA

  EPA means the United States Environmental Protection Agency.(EPA)

  EPA certificate

  EPA certificate means a certificate of conformity to U.S. federal standards issued by the EPA.(certificat de l’EPA)

  evaporative emissions

  evaporative emissions means hydrocarbons emitted into the atmosphere from a vehicle, other than exhaust emissions and crankcase emissions. (émissions de gaz d’évaporation)

  exhaust emissions

  exhaust emissions means substances emitted into the atmosphere from any opening downstream from the exhaust port of a vehicle’s engine. (émissions de gaz d’échappement)

  Federal Test Procedure

  Federal Test Procedure means the test procedure as described in subsections 130(a) through (d) and (f) of Subpart B of the CFR which is designed to measure urban driving exhaust and evaporative emissions over the Urban Dynamometer Driving Schedule set out in Appendix I of the CFR. (Federal Test Procedure)

  full useful life emission bin

  full useful life emission bin means the set of exhaust emission standards, measured using the Federal Test Procedure, that is set out in a horizontal row in Table S04-1 in section 1811, subpart S, of the CFR. (série d’émissions de durée de vie totale)

  GVWR

  GVWR means the gross vehicle weight rating specified by a manufacturer as the maximum design loaded weight of a single vehicle. (PNBV)

  HC+NO_x

  HC+NO_x means the sum of the hydrocarbon and oxides of nitrogen exhaust emissions. (HC+NO_x)

  heavy-duty engine

  heavy-duty engine means an engine designed to be used for motive power in a heavy-duty vehicle, other than a medium-duty passenger vehicle or a complete heavy-duty vehicle. (moteur de véhicule lourd)

  heavy-duty vehicle

  heavy-duty vehicle means an on-road vehicle that has a GVWR of more than 3,856 kg (8,500 pounds), a curb weight of more than 2,722 kg (6,000 pounds) or a basic vehicle frontal area in excess of 4.2 m² (45 square feet). (véhicule lourd)

  heavy light-duty truck

  heavy light-duty truck means a light-duty truck having a GVWR of more than 2,722 kg (6,000 pounds). (camionnette lourde)

  light-duty truck

  light-duty truck means an on-road vehicle that has a GVWR of 3,856 kg (8,500 pounds) or less, a curb weight of 2,722 kg (6,000 pounds) or less and a basic vehicle frontal area of 4.2 m² (45 square feet) or less and that

  • (a) is designed primarily for the transportation of property or that is a derivative of a vehicle that is designed for that purpose;

  • (b) is designed primarily for the transportation of persons and has a designated seating capacity of more than 12 persons; or

  • (c) is available with special features that enable it to be operated and used off-road, the special features being four-wheel drive and at least four of the following characteristics, that are calculated when the vehicle is at curb weight and on a level surface with the front wheels parallel to the vehicle’s longitudinal centreline and the tires are inflated to the manufacturer’s recommended pressure, namely,

    • (i) an approach angle of not less than 28 degrees,

    • (ii) a break-over angle of not less than 14 degrees,

    • (iii) a departure angle of not less than 20 degrees,

    • (iv) ground clearances of not less than 17.8 cm (7 inches) under the front and rear axles, and

    • (v) a ground clearance of not less than 20.3 cm (8 inches) under any point other than the front or rear axle. (camionnette)

  light-duty vehicle

  light-duty vehicle means an on-road vehicle that is designed primarily for the transportation of persons and has a designated seating capacity of not more than 12 persons. (véhicule léger)

  light light-duty truck

  light light-duty truck means a light-duty truck that has a GVWR of 2,722 kg (6,000 pounds) or less. (camionnette légère)

  medium-duty passenger vehicle

  medium-duty passenger vehicle means a heavy-duty vehicle that has a GVWR of less than 4,536 kg (10,000 pounds) and that is designed primarily for the transportation of persons but does not include any vehicle that

  • (a) is a truck that is incomplete because it does not have a primary load carrying device or container attached;

  • (b) has a seating capacity of more than 12 persons;

  • (c) is designed to seat more than 9 persons behind the driver; or

  • (d) is equipped with an open cargo area (for example, a pick-up truck box or bed) of 183 cm (72.0 inches) in interior length or more or with a covered box not readily accessible from the passenger compartment. (véhicule moyen à passagers)

  model year

  model year means the year, as determined under section 5, that is used by a manufacturer to designate a model of vehicle or engine. (année de modèle)

  motorcycle

  motorcycle means an on-road vehicle with a headlight, taillight and stoplight that has two or three wheels and a curb weight of 793 kg (1,749 pounds) or less. (motocyclette)

  nominal fuel tank capacity

  nominal fuel tank capacity means the volume of the fuel tank specified by the manufacturer to the nearest three eighths of a litre (one tenth of a U.S. gallon). (capacité nominale du réservoir à carburant)

  NOx

  NOx means oxides of nitrogen, which is the sum of nitric oxide and nitrogen dioxide contained in a gas sample as if the nitric oxide were in the form of nitrogen dioxide. (NOx)

  on-road vehicle

  on-road vehicle means a self-propelled vehicle designed for or capable of transporting persons, property, material or permanently or temporarily affixed apparatus on a highway, but does not mean a vehicle that

  • (a) cannot exceed a speed of 40 km/h (25 miles per hour) on a level paved surface;

  • (b) lacks features customarily associated with safe and practical highway use such as a reverse gear, unless the vehicle is a motorcycle, a differential, or safety features required by federal or provincial laws;

  • (c) exhibits features that render its use on a highway unsafe, impractical, or highly unlikely, such as tracked road contact means or inordinate size; or

  • (d) is a military vehicle designed for use in combat or combat support. (véhicule routier)

  Otto-cycle engine

  Otto-cycle engine means a type of engine that has operating characteristics that are significantly similar to those of the theoretical Otto combustion cycle. The use of a throttle during normal operation is indicative of an Otto-cycle engine. (moteur à cycle Otto)

  Otto-cycle heavy-duty vehicle

  Otto-cycle heavy-duty vehicle means a heavy-duty vehicle that is powered by an Otto-cycle engine. (véhicule lourd à cycle Otto)

  rounded

  rounded means rounded in accordance with method ASTM-E29-93a of the American Society for Testing and Materials. (arrondir)

  static loaded radius arc

  static loaded radius arc means a portion of a circle whose centre is the centre of a standard tire-rim combination of a vehicle and whose radius is the distance from that centre to the level surface on which the vehicle is standing, measured with the vehicle at curb weight, the wheel parallel to the vehicle’s longitudinal centreline, and the tire inflated to the manufacturer’s recommended pressure. (arc du rayon sous charge)

  useful life

  useful life means the period of time or use, whether full or intermediate, in respect of which an emission standard applies to a vehicle or engine, as set out in the CFR. (durée de vie utile)

• (2) Standards that are incorporated by reference in these Regulations from the CFR are those expressly set out in the CFR and shall be read as excluding

  • (a) references to the EPA or the Administrator of the EPA exercising discretion in any way;

  • (b) alternative standards related to fleet averages, other averages, emission credits, small volume manufacturers, or financial hardship; and

  • (c) standards or evidence of conformity of any authority other than the EPA.

Purpose

2 The purpose of these Regulations is to

• (a) reduce emissions of hydrocarbons, carbon monoxide, oxides of nitrogen, formaldehyde and particulate matter from on-road vehicles and engines by establishing emission limits for those substances;

• (b) reduce emissions of the toxic substances 1-3 butadiene, acetaldehyde, acrolein and benzene through the establishment of emission limits for hydrocarbons from on-road vehicles and engines; and

• (c) establish emission standards and test procedures for on-road vehicles and engines that are aligned with those of the EPA.

Background

2.1 These Regulations set out

• (a) prescribed classes of on-road vehicles and engines for the purposes of section 149 of the Act;

• (b) requirements respecting the conformity of on-road vehicles and engines with emission standards for the purposes of sections 153 and 154 of the Act; and

• (c) other requirements for carrying out the purposes of Division 5, Part 7 of the Act.

Application

3 Subject to section 9 and subsection 24(7), these Regulations apply to vehicles and engines that are manufactured in Canada, or imported into Canada, on or after January 1, 2004.

General

4 In these Regulations, a vehicle or engine is deemed to be covered by an EPA certificate if it

• (a) is equivalent to a vehicle or engine that is covered by an EPA certificate in that both vehicles or engines, as the case may be, share all of the features described in the CFR that are used by the EPA to classify vehicles or engines into test groups, and vehicles into evaporative and refuelling families; and

• (b) has no features that could cause it to have a higher level of emissions than the vehicles or engines tested for the issuance of the EPA certificate.

Model Year

• 5 (1) A year that is used by a manufacturer as a model year shall

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

• (2) The period of production of a model of vehicle or engine shall include only one January 1.

Prescribed Classes of Vehicles and Engines

• 6 (1) In these Regulations, subject to subsection (3), the following classes of vehicles are prescribed for the purposes of the definition “vehicle” in section 149 of the Act:

  • (a) light-duty vehicles;

  • (b) light-duty trucks, namely, light light-duty trucks and heavy light-duty trucks;

  • (c) medium-duty passenger vehicles;

  • (d) complete heavy-duty vehicles;

  • (e) heavy-duty vehicles; and

  • (f) motorcycles.

• (2) In these Regulations, subject to subsection (3), heavy-duty engines are prescribed for the purposes of the definition “engine” in section 149 of the Act.

• (3) The prescribed classes of vehicles and engines referred to in subsections (1) and (2) do not include

  • (a) any vehicle that was manufactured 15 years or more before the date of its importation into Canada; or

  • (b) any vehicle or engine that is being exported and that is accompanied by written evidence establishing that it will not be sold or used in Canada.

• (4) For the purpose of section 152 of the Act, the prescribed vehicles and engines are the classes of vehicles and engines referred to in subsections (1) and (2) that are manufactured in Canada, except

  • (a) any vehicle or engine that will be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing;

  • (b) any engine that is to be installed in a heavy-duty vehicle before the first retail sale of the vehicle; and

  • (c) any engine that is to be installed as a replacement in a heavy-duty vehicle that has a national emissions mark applied to it if the replacement engine

    • (i) is of the same model year as the original engine, and

    • (ii) is identical to the original engine in all respects material to emissions.

Application for Authorization to Apply National Emissions Mark

• 7 (1) Any company that intends to apply a national emissions mark to a vehicle or engine shall apply to the Minister to obtain an authorization in the form set out in Schedule 1.

• (2) The application to apply a national emissions mark shall be signed by a person who is authorized to act on behalf of the company and shall include

  • (a) the name and street address of the head office of the company and, if different, its mailing address;

  • (b) the classes of vehicles or engines for which the authorization is requested;

  • (c) the street address of the location at which the national emissions mark will be applied to the vehicles or engines;

  • (d) the street address where records referred to in section 38 will be maintained; and

  • (e) information to show that the company is capable of verifying compliance with the standards set out in these Regulations.

National Emissions Mark

• 8 (1) The national emissions mark is the mark set out in Schedule 2.

• (2) The national emissions mark shall be at least 7 mm in height and 10 mm in width.

• (3) The national emissions mark shall be located

  • (a) on or immediately beside the U.S. information label referred to in paragraph 35(1)(d); or

  • (b) on or immediately beside the compliance label applied in accordance with the Motor Vehicle Safety Regulations.

• (4) The national emissions mark shall be on a label that

  • (a) is permanently applied to the vehicle or engine;

  • (b) is resistant to or protected against any weather condition; and

  • (c) bears inscriptions that are legible, indelible and that are indented, embossed or in a colour that contrasts with the background of the label.

• (5) Subject to subsection (6), a company that has been authorized to apply the national emissions mark shall display the identification number assigned by the Minister in figures that are at least 2 mm in height, immediately below or to the right of the national emissions mark.

• (6) A company is not required to display its identification number pursuant to subsection (5) if

  • (a) the company is authorized by the Minister of Transport to apply the national safety mark in accordance with the Motor Vehicle Safety Act;

  • (b) the company applies both the national emissions mark and the national safety mark to the vehicle; and

  • (c) the national emissions mark is on the same label as the national safety mark.

9 A company may apply the national emissions mark to a vehicle or engine that is manufactured before January 1, 2004, if

• (a) the vehicle or engine conforms to the standards set out in these Regulations for vehicles or engines of the 2004 model year; and

• (b) the company meets the requirements of these Regulations in respect of that vehicle or engine.

Standards for Imported Vehicles and Engines Manufactured Before 2004

10 A vehicle or engine that is to be imported and that was manufactured before January 1, 2004 shall conform to the emission standards applicable to the model year of that vehicle or engine that were in effect at the time of its manufacture and that were set out in Schedule V to the Motor Vehicle Safety Regulations.

Standards for 2004 and Later Model Year Vehicles and Engines

Emission Control Systems

• 11 (1) An emission control system that is installed in a vehicle or engine to enable it to conform to the standards set out in these Regulations shall not

  • (a) in its operation, release a substance that causes air pollution and that would not have been released if the system were not installed; or

  • (b) in its operation or malfunction, make the vehicle unsafe or endanger persons or property in or near the vehicle.

• (2) No vehicle or engine shall be equipped with a defeat device.

• (3) Subject to subsection (4), a defeat device is an auxiliary emission control device that reduces the effectiveness of the emission control system under conditions that may reasonably be expected to be encountered in normal vehicle operation and use.

• (4) An auxiliary emission control device is not a defeat device if

  • (a) the conditions referred to in subsection (3) are substantially included in the emission test procedures referred to in subsection 18(1);

  • (b) it is needed to protect the vehicle against damage or accident; or

  • (c) its use does not go beyond the requirements of engine starting.

Light-duty Vehicles, Light-duty Trucks and Medium-duty Passenger Vehicles

12 Subject to section 19, a light-duty vehicle, light-duty truck or medium-duty passenger vehicle of a specific model year shall

• (a) conform to the exhaust and evaporative emission standards applicable to vehicles of that model year set out in section 1811, subpart S, of the CFR;

• (b) be equipped with an on-board diagnostic system that conforms to the standards applicable to vehicles of that model year set out in section 1806, subpart S, of the CFR; and

• (c) not release any crankcase emissions.

Complete Heavy-duty Vehicles

13 Subject to section 19, a complete heavy-duty vehicle of the 2005 or later model year, other than a medium-duty passenger vehicle, shall

• (a) conform to the exhaust and evaporative emission standards applicable to complete heavy-duty vehicles of that model year set out in section 1816, subpart S, of the CFR;

• (b) be equipped with an on-board diagnostic system that conforms to the standards applicable to vehicles of that model year set out in section 1806, subpart S, of the CFR; and

• (c) not release any crankcase emissions.

Heavy-duty Vehicles

14 Subject to section 19, an Otto-cycle heavy-duty vehicle of a specific model year, other than a medium-duty passenger vehicle or a complete heavy-duty vehicle, shall

• (a) be equipped with a heavy-duty engine that meets the requirements of these Regulations; and

• (b) conform to the evaporative emission standards applicable to Otto-cycle heavy-duty vehicles of that model year set out in section 10, subpart A, of the CFR.

• 15 (1) Subject to subsection (2) and section 19, a diesel heavy-duty vehicle of a specific model year, other than a medium-duty passenger vehicle, shall

  • (a) be equipped with a heavy-duty engine that meets the requirements of these Regulations; and

  • (b) conform to the evaporative emission standards applicable to diesel heavy-duty vehicles of that model year set out in section 11, subpart A, of the CFR.

• (2) A vehicle referred to in subsection (1) that has a GVWR of 6,350 kg (14,000 pounds) or less may conform to the standards set out for that model year in section 1863, subpart S, of the CFR instead of the standards described in subsection (1).

Heavy-duty Engines

• 16 (1) Subject to section 19, Otto-cycle heavy-duty engines of a specific model year shall conform to the exhaust and crankcase emission standards applicable to Otto-cycle heavy-duty engines of that model year set out in section 10, subpart A, of the CFR.

• (2) Subject to section 19, diesel heavy-duty engines of a specific model year shall conform to the exhaust and crankcase emission standards applicable to diesel heavy-duty engines of that model year set out in section 11, subpart A, of the CFR.

• (3) Subject to section 19, heavy-duty engines of a specific model year used or intended for use in heavy-duty vehicles that have a GVWR of 6,350 kg (14,000 pounds) or less shall be equipped with an on-board diagnostic system that conforms to the standards applicable to engines of that model year set out in section 17, subpart A, of the CFR.

Motorcycles

17 Subject to sections 17.1, 19 and 32.2, motorcycles of a specific model year

• (a) shall conform to the exhaust and evaporative emission standards applicable to motorcycles of that model year set out in section 410, subpart E, of the CFR; and

• (b) shall not release any crankcase emissions.

• 17.1 (1) A company that manufactures or imports fewer than 200 motorcycles for sale in Canada per year and has fewer than 500 employees worldwide is exempt from the requirement to conform to the HC+NO_x emission standard set out in the section of the CFR that is referred to in paragraph 17(a) in respect of its Class III motorcycles of the 2006 and 2007 model years that conform to the hydrocarbon emission standard referred to in that section and applicable to 2005 model year motorcycles.

• (2) A company that manufactures or imports fewer than 200 motorcycles for sale in Canada per year and has fewer than 500 employees worldwide is exempt from the requirement to conform to the HC+NO_x emission standard set out in the section of the CFR that is referred to in paragraph 17(a) in respect of its Class III motorcycles of the 2010 and later model years that conform to the HC+NO_x emission standard referred to in that section and applicable to 2009 model year motorcycles.

• (3) A company that manufactures or imports fewer than 200 motorcycles for sale in Canada per year and having fewer than 500 employees worldwide is exempt from the requirement to conform to the applicable evaporative emission standards set out in the section of the CFR that is referred to in paragraph 17(a) in respect of its 2008 and 2009 model year motorcycles.

Interpretation of Standards

• 18 (1) The standards referred to in sections 11 to 17 are the certification and in-use standards set out in the CFR, at the applicable useful life, and include the test procedures, fuels and calculation methods set out in the CFR for those standards.

• (2) In the case of a standard that is set out in the CFR to be phased in over a period of time for a class of vehicle or engine, the standard comes into effect for the purposes of these Regulations in the model year for which the CFR specifies that the standard applies to 100% of that class, and continues to apply until another standard comes into effect that applies to 100% of that class.

Vehicles or Engines Covered by an EPA Certificate

• 19 (1) Every vehicle or engine of a specific model year that is covered by an EPA certificate and that is sold concurrently in Canada and the United States shall conform to, instead of the standards set out in sections 11 to 17, the certification and in-use standards referred to in the EPA certificate.

• (2) For the purposes of subsection 153(3) of the Act, the provisions of the CFR that are applicable to a vehicle or engine referred to in subsection (1) pursuant to the EPA certificate correspond to the certification and in-use standards referred to in subsection (1).

• (3) For the purposes of subsection 153(3) of the Act, the EPA is the prescribed agency.

Fleet Averaging Requirements for Light-duty Vehicles, Light-duty Trucks and Medium-duty Passenger Vehicles

General

20 In sections 21 to 32, fleet refers only to vehicles of a specific model year that a company manufactures in Canada, or imports into Canada, for the purpose of sale of those vehicles to the first retail purchaser.

Fleet Average NOx Standards

21 Subject to sections 24 to 31, the average NOx value for a company’s fleet that is composed of all of its light-duty vehicles and light light-duty trucks of a model year set out in column 1 of the table to this section shall not exceed the applicable fleet average NOx standard set out in column 2.

22 Subject to sections 24 to 31, the average NOx value for a company’s fleet that is composed of all of its heavy light-duty trucks and medium-duty passenger vehicles of a model year set out in column 1 of the table to this section shall not exceed the applicable fleet average NOx standard set out in column 2.

23 Subject to sections 24 to 31, the average NOx value for a company’s fleet that is composed of all of its light-duty vehicles, light-duty trucks and medium-duty passenger vehicles of the 2009 and later model years shall not exceed 0.07 grams per mile.

Calculation of Fleet Average NOx Values

• 24 (1) Subject to section 25, for each of its fleets referred to in sections 21 to 23, a company shall calculate the average NOx value in accordance with the following formula:

  [Σ (A x B)]/C

  where

  A

  is the NOx emission standard for each full useful life emission bin,

  B

  is the number of vehicles in the fleet that conform to that NOx emission standard, and

  C

  is the total number of vehicles in the fleet.

• (2) The average NOx value for the fleet shall be rounded to the same number of significant figures that are contained in the total number of vehicles in the fleet in the denominator in subsection (1), but to at least three decimal places.

• (3) If a company’s fleet includes any hybrid electric vehicle that is covered by an EPA certificate, the average NOx value calculated under subsection (1) may be lowered by applying one or more hybrid electric vehicle NOx contribution factors as long as

  • (a) each factor has been approved by the EPA in accordance with the provisions of the CFR;

  • (b) each factor is applied in the same manner as it is applied by the EPA; and

  • (c) evidence of the EPA approval is provided to the Minister in the end of model year report referred to in section 32.

• (4) Subject to subsection (5), in respect of any of its vehicles that conform to a NOx emission standard for an extended useful life of 15 years or 240,000 km (150,000 miles), a company may, in the equation in subsection (1), replace that standard, for each of those vehicles, with that standard multiplied by 0.85, rounded to at least three decimal places.

• (5) A company may only replace a NOx emission standard as described in subsection (4) if the vehicle complies with any standards that may be applicable at the intermediate useful life.

• (6) In respect of the 2004 and 2005 model years, a company may multiply by 2 the number of vehicles that conform to full useful life emission bin 1, and multiply by 1.5 the number of vehicles that conform to full useful life emission bin 2, when calculating one of the following:

  • (a) the denominator in subsection (1); or

  • (b) “total number of vehicles in the fleet” in the equation for calculating credits in subsection 26(2).

• (7) When calculating the average NOx value under subsection (1) for a fleet of the 2004 model year, a company may include all vehicles of that model year, including those manufactured before January 1, 2004.

• 25 (1) A company may elect not to calculate an average NOx value for a fleet of a specific model year if every vehicle in that fleet conforms to a full useful life emission bin that has a NOx standard equal to or less than the applicable fleet average NOx standard for that model year that is set out in section 21, 22 or 23.

• (2) For the purposes of section 26 and paragraphs 32(2)(b) and 37(1)(c), the average NOx emission value in respect of a fleet in a model year when a company makes an election under subsection (1) shall be deemed to be the fleet average NOx standard applicable to the fleet for which the election was made.

NOx Emission Credits

• 26 (1) For the purposes of subparagraph 162(1)(b)(i) of the Act, a company shall obtain NOx emission credits if the average NOx value in respect of a fleet of a specific model year is lower than the fleet average NOx standard for that model year and the company reports the credits under paragraph 32(2)(e).

• (2) NOx emission credits, expressed in units of vehicle-grams per mile, shall be calculated using the following formula, rounding the result to the nearest whole number:

  (A - B) x C

  where

  A

  is the fleet average NOx standard

  B

  is the average NOx value in respect of the fleet, and

  C

  is the total number of vehicles in the fleet.

• (3) The NOx emission credits for a specific model year are credited on the last day of that model year.

27 NOx emission credits obtained in a specific model year shall be used by the company to offset any outstanding NOx emission deficit described in section 28, and any remaining credits may be used to offset a future deficit or may be transferred to another company.

NOx Emission Deficits

28 Subject to section 31, if a company’s average NO_x value in respect of a fleet of a specific model year is higher than the fleet average NO_x standard for that model year, the company shall calculate the negative number that is the value of a NO_x emission deficit incurred in that model year using the formula set out in subsection 26(2).

• 29 (1) A company shall offset a NOx emission deficit no later than the date on which the company submits the end of model year report under section 32 for the third model year after the model year in which the deficit was incurred.

• (2) Subject to subsection (3), a company may offset a NOx emission deficit with an equivalent number of NOx emission credits obtained in accordance with section 26 or obtained from another company.

• (3) If any part of a NOx emission deficit for a specific model year is outstanding following the submission of the end of model year report for the second model year after the model year in which the deficit was incurred, the number of NOx emission credits required to offset that outstanding deficit in the next model year is 120% of the deficit.

• 30 (1) A company that purchases another company or that results from the merger of companies is responsible for offsetting, in accordance with section 29, any outstanding NOx emission deficits of the purchased or merged companies.

• (2) In the case of a company that ceases to manufacture, import or sell light-duty vehicles, light-duty trucks and medium-duty passenger vehicles, the company shall, no later than three calendar years after submitting its last end of model year report, offset all NOx emission deficits that are outstanding at the time that it ceases those activities.

Election for Vehicles Covered by an EPA Certificate

• 31 (1) Subject to subsections (2), (3) and (8), a company may elect to exclude the group of vehicles in a fleet that are covered by an EPA certificate and that are sold concurrently in Canada and the United States from the requirement to meet the standards set out in section 21, 22 or 23, as the case may be, and from the NO_x emission deficit calculations in respect of a fleet under section 28.

• (2) For greater certainty and subject to subsection (3), a company shall include in the group referred to in subsection (1) all of the vehicles of a fleet that are covered by an EPA certificate and that are sold concurrently in Canada and the United States.

• (3) A company shall not include in the group referred to in subsection (1) any vehicle that is covered by an EPA certificate and

  • (a) in respect of which the total number of units sold in Canada exceeds the total number of units sold in the United States that are covered by the same EPA certificate; and

  • (b) that conforms to a full useful life emission bin having a NOx standard that is greater than the applicable fleet average NOx standard for the model year in respect of which the election is made.

• (4) Subject to subsection (5), if a company makes an election under subsection (1), it shall calculate an average NOx value in accordance with section 24, with the necessary modifications, in respect of

  • (a) the group that is subject to the election; and

  • (b) the vehicles in the fleet that are not part of the group referred to in paragraph (a), if any.

• (5) A company may elect not to make the calculations referred to in subsection (4) for a group of vehicles described in paragraph (4)(a) or (b) if every vehicle in the group conforms to a full useful life emission bin having a NOx standard equal to or less than the fleet average NOx standard that would otherwise apply under section 21, 22 or 23, as the case may be.

• (6) If a company makes an election under subsection (5) the average NOx emission value for the group of vehicles of a fleet for which the election was made shall be the applicable fleet average NOx standard.

• (7) If a company makes the election referred to in subsection (1) and the average NOx value for the group that is subject to the election, calculated under paragraph (4)(a) exceeds the fleet average NOx standard that would otherwise apply under section 21, 22 or 23, as the case may be, the company shall

  • (a) forfeit any NOx emission credits obtained in previous model years; and

  • (b) not obtain any NOx emission credits in the model year in respect of which the election was made.

• (8) A company may not make the election referred to in subsection (1) in respect of a model year in which it has transferred NOx emission credits to another company if the average NOx value calculated under paragraph (4)(a) for the group that is subject to the election exceeds the fleet average NOx standard that would otherwise apply under section 21, 22 or 23, as the case may be.

End of Model Year Reports

• 32 (1) A company shall submit to the Minister an end of model year report, signed by a person who is authorized to act on behalf of the company, no later than May 1 after the end of each model year.

• (2) The end of model year report shall contain the following information for each of its fleets described in sections 21 to 23:

  • (a) the applicable fleet average NOx standard;

  • (b) the average NOx value achieved under section 24 or 25;

  • (c) for each model of vehicle, the values used in calculating the average NOx value achieved in respect of the fleet;

  • (d) the total number of vehicles in the fleet;

  • (e) the NOx emission credits calculated in accordance with subsection 26(2) in that model year, if any;

  • (f) the NOx emission deficits incurred in that model year, if any; and

  • (g) the balance of credits or deficits at the end of the model year.

• (3) The end of model year report must also contain the following information on each credit transfer to or from the company since the submission of the previous end of model year report:

  • (a) the name, street address and, if different, the mailing address of the company that transferred the credits and the model year in which that company obtained those credits;

  • (b) the name, street address and, if different, the mailing address of the company that received the credits;

  • (c) the date of the transfer; and

  • (d) the quantity of credits transferred.

• (4) The company shall include in the end of model year report, if applicable, for any of its fleets described in sections 21 to 23, a statement that

  • (a) it has made the election under section 25;

  • (b) it has made the election under subsection 31(1); and

  • (c) it has made an election under subsection 31(5) in respect of a group of vehicles described in paragraph 31(4)(a) or (b).

• (5) A company that makes an election under subsection 31(1) in respect of a group of vehicles in a fleet shall include in the end of model year report

  • (a) the average NOx values, determined under subsection 31(4) or (6) as the case may be;

  • (b) the values used in calculating the fleet average NOx values referred to in paragraph (a); and

  • (c) information demonstrating compliance with subsection 31(3).

Subfleet Averaging Requirements for Motorcycles

General

32.1 The following definitions apply in this section and sections 32.2 to 32.7 and 37.1.

engine family

engine family means

• (a) in respect of a company’s motorcycles that are covered by an EPA certificate, the classification unit for which the EPA certificate was issued; and

• (b) in respect of any other of the company’s motorcycles, the classification unit determined in accordance with section 420, subpart E, of the CFR. (famille de moteurs)

family emission limit

family emission limit means the maximum emission level established by a company for an engine family for the purpose of emissions averaging. (limite d’émissions de la famille de moteurs)

fuel tank permeation emissions

fuel tank permeation emissions means evaporative emissions resulting from permeation of fuel through the fuel tank materials. (émissions par perméation du réservoir de carburant)

subfleet

subfleet means motorcycles of a specific model year that have a family emission limit and that a company manufactures in Canada, or imports into Canada, for the purpose of sale to the first retail purchaser. Each of the following groupings of motorcycles constitutes a subfleet for the purpose of emissions averaging:

• (a) in respect of the applicable HC+NO_x emission standard for all Class I and Class II motorcycles;

• (b) in respect of the applicable HC+NO_x emission standard for all Class III motorcycles;

• (c) in respect of the fuel tank permeation emission standard for all motorcycles with a non-metal fuel tank. (sous-parc)

• 32.2 (1) Subject to subsection (2), any motorcycle that does not conform to the applicable HC+NO_x emission standard or fuel tank permeation emission standard set out in the section of the CFR that is referred to in paragraph 17(a) shall conform, as the case may be, to:

  • (a) the applicable family emission limit for HC+NO_x emissions; or

  • (b) the family emission limit for fuel tank permeation emissions.

• (2) In any model year, the HC+NO_x family emission limit applicable to a motorcycle shall not exceed the applicable family emission limit cap set out in section 449, subpart E, of the CFR.

• (3) In any model year, a company’s subfleet may include motorcycles that conform to a family emission limit that is greater than the applicable HC+NO_x emission standard set out in the section of the CFR that is referred to in paragraph 17(a) or subsection 17.1(2) or the fuel tank permeation emission standard set out in that section if

  • (a) each motorcycle of a subfleet is covered by an EPA certificate, each motorcycle conforms to the family emission limit referred to in the EPA certificate and belongs to an engine family of which the total number of units sold in Canada does not exceed the total number of units sold in the United States; or

  • (b) in respect of a subfleet that contains motorcycles that do not meet all of the criteria set out in paragraph (a), the average HC+NO_x value or the average fuel tank permeation value, as the case may be, does not exceed the applicable HC+NO_x emission standard set out in the section of the CFR that is referred to in paragraph 17(a) or subsection 17.1(2) or the fuel tank permeation emission standard set out in that section, in respect of

    • (i) the subfleet, or

    • (ii) the group of motorcycles within the subfleet that do not meet all of the criteria set out in paragraph (a).

Calculation of Subfleet Average Emission Values

• 32.3 (1) If a company’s subfleet includes one or more motorcycles that conform to a family emission limit that is greater than the applicable HC+NO_x emission standard set out in the section of the CFR that is referred to in paragraph 17(a) or subsection 17.1(2), the company shall calculate the average HC+NO_x value for the subfleet using the following formula:

  [Σ (A x B x C)] / [Σ (B x C)]

  where

  A

  is the applicable family emission limit, expressed to the same number of decimal places as the emission standard it replaced;

  B

  is the useful life of the engine family expressed in years or kilometres; and

  C

  is the number of motorcycles in the engine family.

• (2) If a company’s subfleet includes one or more motorcycles that conform to a family emission limit that is greater than the fuel tank permeation emission standard set out in the section of the CFR that is referred to in paragraph 17(a), the company shall calculate the average fuel tank permeation value for its subfleet in accordance with the following formula:

  [Σ (A x B x C x 365.24)] / [Σ (B x C x 365.24)]

  where

  A

  is the applicable family emission limit, expressed to the same number of decimal places as the emission standard it replaced;

  B

  is the useful life of the engine family expressed in years; and

  C

  is the number of motorcycles in the engine family multiplied by the average internal surface area of the motorcycles’ fuel tanks, where the average internal surface area is expressed in m²to at least three decimal places.

• (3) The average HC+NO_x value and average fuel tank permeation value for a subfleet shall be expressed in g/km and g/m²/d, respectively, and be rounded to one decimal place.

• (4) When calculating the average HC+NO_x value for a subfleet of the 2006 model year, a company may include all of its motorcycles of that model year, including those manufactured before the coming into force of this section.

Emission Credits for Class III Motorcycles

• 32.4 (1) A company shall obtain HC+NO_x emission credits in relation to a specific model year if

  • (a) the average HC+NO_x value in respect of a subfleet of Class III motorcycles of that model year is lower than the applicable HC+NO_x emission standard for that class and model year; and

  • (b) the company reports the credits in its end of model year report.

• (2) The HC+NO_x emission credits, expressed in units of vehicle-grams, shall be calculated using the following formula, rounded to the nearest whole number:

  (A - B) x C x D

  where

  A

  is the applicable HC+NO_x emission standard for the subfleet;

  B

  is the average HC+NO_x value for the subfleet;

  C

  is the total number of motorcycles in the subfleet; and

  D

  is the useful life expressed in kilometres.

• (3) The HC+NO_x emission credits for a specific model year are credited on the last day of that model year and may only be used by a company to offset an HC+NO_x emission deficit that it incurred in the same model year as calculated in section 32.5.

Emission Deficits for Class I and Class II Motorcycles

• 32.5 (1) If a company’s average HC+NO_x value in respect of a subfleet of Class I and Class II motorcycles of a model year is higher than the applicable HC+NO_x emission standard, the company shall calculate the value of the emission deficit it incurred in that model year.

• (2) The HC+NO_x emission deficit for a subfleet of Class I and Class II motorcycles of a model year is the sum of the credits or deficits that would be generated for each class of motorcycle within the subfleet calculated using the formula set out in subsection 32.4(2), with any necessary modifications.

• 32.6 (1) A company shall offset an HC+NO_x emission deficit in the model year in which the deficit was incurred, no later than the day on which the company submits its end of model year report.

• (2) A company shall offset an HC+NO_x emission deficit with an equivalent number of HC+NO_x emission credits obtained in the same model year in accordance with section 32.4.

End of Model Year Reports

• 32.7 (1) A company shall submit to the Minister an end of model year report, signed by a person who is authorized to act on behalf of the company, no later than May 1 after the end of each model year.

• (2) A company shall include in its end of model year report a statement that

  • (a) each of Classes I, II and III motorcycles, as the case may be, conforms to the applicable exhaust and evaporative emission standards set out in the section of the CFR that is referred to in paragraph 17(a) or section 17.1; and

  • (b) in respect of each subfleet, as the case may be,

    • (i) each motorcycle in the subfleet meets all of the criteria set out in paragraph 32.2(3)(a), or

    • (ii) the subfleet contains motorcycles that do not meet all of the criteria set out in paragraph 32.2(3)(a), but the subfleet conforms to the emissions averaging requirements set out in paragraph 32.2(3)(b), or the group of motorcycles referred to in subparagraph 32.2(3)(b)(ii) conforms to the emissions averaging requirements set out in paragraph 32.2(3)(b).

• (3) In a model year during which any of the company’s subfleets includes one or more motorcycles that conform to a family emission limit that is greater than the applicable HC+NO_x emission standard set out in the section of the CFR that is referred to in paragraph 17(a) or subsection 17.1(2) or the fuel tank permeation emission standard set out that section, the end of model year report shall contain the following information in respect of each subfleet:

  • (a) the applicable HC+NO_x emission standard and the fuel tank permeation emission standard;

  • (b) the average HC+NO_x value and the average fuel tank permeation value;

  • (c) for each model of motorcycle, the values used in calculating the average HC+NO_x value and the average fuel tank permeation value;

  • (d) the total number of motorcycles in the subfleet;

  • (e) the HC+NO_x emission credits, if any, in that model year; and

  • (f) the HC+NO_x emission deficits, if any, in that model year.

• (4) If the company’s end of model year report contains the statement referred to in subparagraph (2)(b)(ii) in respect of a group of motorcycles, the report shall also contain the information required under paragraphs (3)(a) to (d), with any necessary modifications, with respect to the group of motorcycles described in subparagraph 32.2(3)(b)(ii).

• (5) A company that avails itself of an exemption referred to in section 17.1 shall include in its end of model year report

  • (a) the number and class of motorcycles that it manufactured or imported under each exemption;

  • (b) the total number of motorcycles that it manufactured or imported for sale in Canada during the model year; and

  • (c) the number of employees of the company worldwide.

Emission-related Maintenance Instructions

• 33 (1) Every company shall ensure that written instructions respecting emission-related maintenance are provided to the first retail purchaser of every vehicle and that the instructions are consistent with the maintenance instructions set out for

  • (a) light-duty vehicles, light-duty trucks, medium-duty passenger vehicles and complete heavy-duty vehicles in section 1808, subpart S, of the CFR for the applicable model year;

  • (b) motorcycles in section 411, subpart E, of the CFR for the applicable model year; and

  • (c) heavy-duty vehicles, in section 38, subpart A, of the CFR for the applicable model year.

• (2) The instructions referred to in this section shall be provided in English, French or both official languages, as requested by the purchaser.

Emission-related Information Labels

• 34 (1) In the case of a model of vehicle or engine in respect of which the Governor in Council has, by order, granted an exemption under section 156 of the Act:

  • (a) a label shall be securely applied to the windshield or side window of every vehicle of that model or every vehicle equipped with the engine of that model; and

  • (b) a label shall be permanently applied immediately beside the national emissions mark, or if there is no national emissions mark, in a location described in subsection 8(3) that is resistant to or protected against any weather conditions.

• (2) The labels referred to in subsection (1) shall set out, in both official languages, the standard for which the exemption has been granted, as well as the title and date of the order.

Records

Evidence of Conformity

• 35 (1) In the case of a vehicle or engine that is covered by an EPA certificate and that is sold concurrently in Canada and the United States, evidence of conformity for the purpose of paragraph 153(1)(b) of the Act in respect of a company shall consist of

  • (a) a copy of the EPA certificate covering the vehicle or engine;

  • (b) a document demonstrating that vehicles or engines covered by the EPA certificate are sold concurrently in Canada and the United States;

  • (c) a copy of the records submitted to the EPA in support of the application for the issuance of the EPA certificate in respect of the vehicle or engine; and

  • (d) a U.S. emission control information label, or in the case of a heavy-duty engine a U.S. engine information label, that is permanently affixed to the vehicle or engine in the form and location set out in

    • (i) section 1807, subpart S, of the CFR, for the applicable model year of light-duty vehicle, light-duty truck, medium-duty passenger vehicle or complete heavy-duty vehicle,

    • (ii) section 413, subpart E, of the CFR for the applicable model year of the motorcycle,

    • (iii) section 35, subpart A, of the CFR for the applicable model year of heavy-duty vehicle, and

    • (iv) section 35, subpart A, of the CFR for the applicable model year of heavy-duty engine.

• (2) For the purpose of subsection (1), the U.S. emission control information label may be affixed to the vehicle or engine in any other form and location that may be specified in the CFR.

• 36 (1) For the purpose of paragraph 153(1)(b) of the Act, a company shall obtain and produce evidence of conformity for a vehicle or engine other than one referred to in section 35 in a form and manner satisfactory to the Minister instead of as specified in that section.

• (2) For greater certainty, a company shall submit the evidence of conformity to the Minister before importing a vehicle or engine or applying a national emissions mark to it.

36.1 For greater certainty, a company that imports a vehicle or engine or applies a national emissions mark to it under subsection 153(2) of the Act is not required to provide the evidence of conformity referred to in subsection 36(1) to the Minister before importing it or applying a national emissions mark to it, but must provide that evidence in accordance with subsection 153(2) before the vehicle or engine leaves the possession or control of the company and, in the case of a vehicle, before it is presented for registration under the laws of a province or an aboriginal government.

Fleet Average NO_x Records for Light-Duty Vehicles, Light-Duty Trucks and Medium-Duty Passenger Vehicles

• 37 (1) A company shall maintain records containing the following information for each of its fleets described in sections 21 to 23:

  • (a) the model year;

  • (b) the applicable fleet average NOx standard;

  • (c) the average NOx value achieved under section 24 or 25; and

  • (d) all values used in calculating the average NOx value achieved.

• (2) For each vehicle in a fleet described in subsection (1), the company shall maintain records containing the following information:

  • (a) the model and model year;

  • (b) the applicable fleet average NOx standard;

  • (c) in the case of a vehicle covered by an EPA certificate, the applicable test group described in subpart S of the CFR;

  • (d) the name and street address of the plant where the vehicle was assembled;

  • (e) the vehicle identification number;

  • (f) the NOx emission standard to which the vehicle is certified; and

  • (g) the name and street or mailing address of the first purchaser of the vehicle in Canada.

Records Concerning Subfleet Average Emission Values for Motorcycles

37.1 A company shall maintain records containing the following information for each of its subfleets of motorcycles:

• (a) the model year;

• (b) all values used in calculating the average HC+NO_x values and average fuel tank permeation values reported in its end of model year report; and

• (c) for each motorcycle in the subfleet,

  • (i) the model,

  • (ii) the name and street address of the plant where it was assembled,

  • (iii) its vehicle identification number, and

  • (iv) the name and street or mailing address of the first purchaser in Canada.

Maintenance and Submission of Records

• 38 (1) A company shall maintain, in writing or in a readily readable electronic or optical form

  • (a) the evidence of conformity referred to in paragraphs 35(1)(a) to (c) and section 36 and records referred to in paragraph 153(1)(g) of the Act for a period of

    • (i) at least eight years after the date of manufacture, for engines and vehicles, other than motorcycles, and

    • (ii) at least six years after the date of manufacture, for motorcycles;

  • (b) for light-duty vehicles, light-duty trucks and medium-duty passenger vehicles, in respect of each model year, the records referred to in section 37 and a copy of its end of model year report under section 32, for a period of eight years after the end of the model year; and

  • (c) for motorcycles, in respect of each model year, the records referred to in section 37.1 and a copy of its end of model year report under section 32.7, for a period of three years after the due date of the end of model year report.

• (2) If the evidence of conformity and records referred to in subsection (1) are maintained on behalf of a company, the company shall keep a record of the name and street address and, if different, the mailing address of the person who maintains those records.

• (3) If the Minister makes a written request for the evidence of conformity or the records referred to in subsections (1) and (2), or a summary of any of them, the company shall provide the Minister with the evidence of conformity, records or summary, in either official language, within

  • (a) 40 days after the request is delivered to the company; or

  • (b) if the evidence of conformity or records referred to in section 35 or 36 must be translated from a language other than French or English, 60 days after the request is delivered to the company.

Importation Requirements and Documents

General Provisions

• 39 (1) Subject to subsection (2), any person importing a vehicle into Canada shall submit a declaration at a customs office, signed by that person or their duly authorized representative, that contains the following information:

  • (a) the name and street address and, if different, the mailing address of the importer;

  • (b) the name of the manufacturer of the vehicle;

  • (c) the date on which the vehicle is imported;

  • (d) the class, make, model, model year, and identification number of the vehicle;

  • (e) in the case of a company, a statement that the vehicle bears the national emissions mark or that the company has the evidence of conformity referred to in section 35 or 36; and

  • (f) in the case of a person that is not a company,

    • (i) a statement from the person that the vehicle bears

      • (A) the national emissions mark,

      • (B) the U.S. emission control information label referred to in paragraph 35(1)(d) showing that the vehicle conformed to the EPA emission standards in effect at the time of its manufacture, or

      • (C) a label showing that the vehicle conformed to the emission standards of the California Air Resources Board in effect at the time of its manufacture, or

    • (ii) a statement from the manufacturer or its duly authorized representative that the vehicle conformed to the standards set out in these Regulations, or to the standards referred to in clause (i)(B) or (C), at the time of its manufacture.

• (2) For the purposes of paragraph 153(1)(b) of the Act, any company that imports more than 2,500 vehicles into Canada in a calendar year may provide the information referred to in subsection (1) in another form and manner that is satisfactory to the Minister.

• 40 (1) Any person importing an engine into Canada shall provide the following information to a customs office in writing or in electronic form:

  • (a) the name and street address and, if different, the mailing address of the importer;

  • (b) the name of the manufacturer of the engine;

  • (c) the date on which the engine is imported; and

  • (d) a description of the engine.

• (2) Any engine that is imported into Canada by a person that is not a company shall

  • (a) bear the national emissions mark;

  • (b) bear the U.S. engine information label referred to in paragraph 35(1)(d) showing that the engine conformed to the EPA emission standards in effect at the time of its manufacture;

  • (c) bear a label showing that the engine conformed to the emission standards of the California Air Resources Board in effect at the time of its manufacture; or

  • (d) be the subject of a statement from the manufacturer or its duly authorized representative that the engine conformed to the standards set out in these Regulations, or to the standards referred to in paragraph (b) or (c), at the time of its manufacture.

• 41 (1) The declaration referred to in paragraph 155(1)(a) of the Act shall be signed by the person referred to in that paragraph or their duly authorized representative, and shall contain

  • (a) the information described in paragraphs 39(1)(a) to (d) or 40(1)(a) to (d), as applicable;

  • (b) a statement that the vehicle or engine will be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing; and

  • (c) the date on which the vehicle or engine will be removed from Canada or destroyed.

• (2) The declaration shall be filed with the Minister

  • (a) prior to the import of the vehicle or engine; or

  • (b) in the case of a company whose world production of vehicles or engines is 2,500 or more a year, as described in paragraph (a) or quarterly.

42 A company that imports a vehicle or engine in reliance on subsection 153(2) of the Act shall submit a declaration at a customs office, signed by its duly authorized representative, that contains the information described in paragraphs 39(1)(a) to (e) or 40(1)(a) to (d), as the case may be and, in addition,

• (a) a statement from the manufacturer of the vehicle or engine that the vehicle or engine will, when completed in accordance with instructions provided by the manufacturer, conform to the standards prescribed under these Regulations; and

• (b) a statement that the vehicle or engine will be completed in accordance with the instructions referred to in paragraph (a).

Rental Rate

43 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 a vehicle or engine is made available, is 21% of the manufacturer’s suggested retail price of the vehicle or engine.

Application for Exemption

• 44 (1) A company applying under section 156 of the Act for an exemption from conformity with any standard prescribed under these Regulations shall submit in writing to the Minister

  • (a) its name, street address and, if different, its mailing address;

  • (b) the province or country under the laws of which it is established;

  • (c) the section number, title and text or substance of the standards from which an exemption is sought;

  • (d) the duration requested for the exemption;

  • (e) the reason for requesting an exemption; and

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

  • (g) [Repealed, SOR/2006-268, s. 15]

• (2) If the basis of an application for an exemption is substantial financial hardship, the company shall include in the submission to the Minister

  • (a) the world production of vehicles or engines manufactured by the company or by the manufacturer of the model that is the subject of the application in the 12 month period beginning two years before the beginning of the period in respect of which the exemption is applied for;

  • (b) the total number of vehicles or engines manufactured for, or imported into, the Canadian market in the 12 month period beginning two years before the beginning of the period in respect of which the exemption is applied for;

  • (c) technical and financial information demonstrating in detail why conformity to the standards referred to in paragraph (1)(c) would create substantial financial hardship, including

    • (i) a list of each of the items that would have to be altered in order to achieve conformity,

    • (ii) an itemized and detailed description of the estimated cost to make the alterations referred to in subparagraph (i)

      • (A) at the end of one year after the day on which the application is submitted, if the duration of the requested exemption is for a period of one year or more but less than two years,

      • (B) at the end of two years after the day on which the application is submitted, if the duration of the requested exemption is for a period of two years or more but less than three years, or

      • (C) at the end of three years after the day on which the application is submitted, if the duration of the requested exemption is for a period of three years,

    • (iii) the estimated price increase per vehicle or engine to counter the total costs incurred pursuant to subparagraph (ii) and a statement of the anticipated effect of each such price increase,

    • (iv) corporate balance sheets and income statements for the three fiscal years immediately preceding the filing of the application, and

    • (v) any other relevant information; and

  • (d) a description of the company’s efforts to conform to the standards from which the exemption is sought, including

    • (i) a description of any other means of achieving conformity that were considered and the reasons for rejecting each of them, and

    • (ii) a description of the steps to be taken while the exemption is in effect and the estimated date by which conformity will be achieved through design changes or the termination of the production of non-conforming vehicles or engines.

• (3) If the basis of an application for exemption is the development of new emission monitoring or emission control features that are equivalent or superior to those that conform to the prescribed standards, the company shall include in the submission to the Minister

  • (a) a description of the new features;

  • (b) a copy of the research, development and testing documentation establishing the innovative nature of the new features;

  • (c) an analysis of how the level of performance of the new features is equivalent or superior to the level of performance established by the prescribed standards, including

    • (i) a detailed description of how a vehicle or engine equipped with the new features would, if exempted, differ from a vehicle or engine that conforms to the prescribed standards, and

    • (ii) the results of tests conducted on the new features that demonstrate a level of performance that is equivalent or superior to that required by the prescribed standards;

  • (d) evidence that an exemption would facilitate the development or the field evaluation of the vehicle or engine; and

  • (e) a statement as to whether the company intends, at the end of the exemption period,

    • (i) to conform to the prescribed standards,

    • (ii) to apply for a further exemption, or

    • (iii) to request that the prescribed standards be amended to incorporate the new features.

• (4) If the basis of an application for exemption is the development of new kinds of vehicles, engines or vehicle or engine systems or components, the company shall include in the submission to the Minister

  • (a) a copy of the research, development and testing documentation establishing that an exemption would not substantially diminish the control of emissions of the vehicle or engine, including

    • (i) a detailed description of how the vehicle or engine equipped with the new kinds of vehicle systems or components would, if exempted, differ from one that conforms to the prescribed standards,

    • (ii) the reasons why not conforming to the prescribed standards does not substantially diminish the control of emissions of the vehicle or engine, and

    • (iii) a description of other means of achieving conformity that were considered and the reasons for rejecting each of them;

  • (b) evidence that an exemption would facilitate the development or the field evaluation of the vehicle or engine; and

  • (c) a statement as to whether the company intends, at the end of the exemption period, to conform to the standards prescribed by these Regulations.

• (5) If a company wishes to obtain a new exemption to take effect after the expiration of an exemption referred to in subsection (3) or (4), the company shall submit, in writing, to the Minister

  • (a) the information required under subsection (3) or (4), as the case may be; and

  • (b) a statement of the total number of vehicles or engines sold in Canada under the expiring exemption.

Defect Information

• 45 (1) The notice of defect referred to in subsections 157(1) and (4) of the Act shall be given in writing and shall contain the following information:

  • (a) the name of the company giving the notice;

  • (b) the identifying classification of each vehicle and engine in respect of which the notice is given, including in the case of a vehicle its make, model, model year, vehicle identification number and the period during which it was manufactured;

  • (c) the estimated percentage of the potentially affected vehicles or engines that contain the defect;

  • (d) a description of the defect;

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

  • (f) a statement of the measures to be taken to correct the defect.

• (2) A company shall, 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) the information referred to in subsection (1);

  • (b) the total number of vehicles or engines in respect of which the notice of defect has been issued and the number of vehicles or engines in each identifying classification;

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

  • (d) 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.

• (3) If a company submits an initial report under subsection (2), it shall submit, within 45 days after the end of each quarter, quarterly reports to the Minister respecting the defect and its correction that contain the following information:

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

  • (b) the number of vehicles or engines in respect of which the notice of defect has been issued;

  • (c) the date that notices of defect were given to the current owners of the affected vehicles or engines; and

  • (d) the total number or percentage of vehicles or engines repaired, including vehicles or engines requiring inspection only.

Consequential Amendments

Motor Vehicle Safety Regulations

46 [Amendments]

47 [Amendment]

48 [Amendment]

Coming into Force

• 49 (1) Subject to subsection (2), these Regulations come into force on January 1, 2004.

• (2) Sections 7 to 9 come into force on the day on which these Regulations are registered.

SCHEDULE 1(Subsection 7(1))Ministerial Authorization

Department of the Environment

Canadian Environmental Protection Act, 1999

On-Road Vehicle and Engine Emission Regulations

Identification Number

Pursuant to the Canadian Environmental Protection Act, 1999, I, , the Minister of the Environment, hereby authorize (name and address) to use and apply at its premises located at (location) the national emissions mark and this identification number on the following classes of prescribed vehicles or engines, provided that the vehicles or engines conform to all applicable emission standards: (list classes)

This authorization expires on , .

Issued on

for the Minister of the Environment

SCHEDULE 2(Subsection 8(1))National Emissions Mark