Off-Road Small Spark-Ignition Engine Emission Regulations

26 (1) The notice of defect referred to in subsections 157(1) and (4) of the Act shall contain

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

• (b) for each engine in respect of which the notice is given, its make, model, model year and the period during which the engine was manufactured, any applicable emission family and the range or ranges of unique identification numbers, if known;

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

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

• (f) a description of the defect;

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

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

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

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

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

• (a) in both official languages; or

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

(3) 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) an update of the information required by subsection (1) if there has been any change to the information;

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

  • (i) the range or ranges of unique identification numbers,

  • (ii) the total number of engines in respect of which the notice of defect was 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.

(4) If a company submits an initial report, it shall submit a quarterly report, within 45 days after the end of each of the following six quarters, to the Minister respecting the defect and its correction containing 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 with those owners in respect of the notice; and

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