Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations

Marginal note:Conforming to EPA certificate

• 13 (1) Subject to subsections (4) and (8), a heavy-duty vehicle or heavy-duty engine of a given model year that is covered by an EPA certificate and that is sold concurrently in Canada and the United States must conform to the certification and in-use standards referred to in the EPA certificate instead of to the following standards, whichever apply:

  • (a) sections 14 to 16 and subsection 20(1) for Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles, excluding those referred to in the definition vocational vehicle in subsection 1(1);

  • (b) sections 14 and 15 and subsection 26(1) for vocational vehicles and incomplete vocational vehicles;

  • (c) sections 14 to 16 and subsection 27(1) for tractors and incomplete tractors; and

  • (d) sections 14 and 15 and subsection 29(1) and, as the case may be, section 30 or subsection 31(1) or (2) for heavy-duty engines.

• Marginal note:Exceeding N₂O or CH₄ emission standard

  (2) For greater certainty, a company that manufactures or imports a Class 2B or Class 3 heavy-duty vehicle or cab-complete vehicle — excluding those referred to in the definition vocational vehicle in subsection 1(1) — or a heavy-duty engine that is covered by an EPA certificate and that conforms to a N₂O or CH₄ family emission limit that exceeds the N₂O or CH₄ emission standard applicable to the model year of that vehicle or engine under these Regulations, must conform to subsections 20(3) to (6) or 29(4) to (7), as the case may be.

• Marginal note:Comply with CO₂ emission credit system

  (3) Despite subsection (1), when a company participates in the CO₂ emission credit system set out in sections 34 to 47 for its heavy-duty vehicles or heavy-duty engines that are covered by an EPA certificate, it must comply with the CO₂ emission credit system provisions that relate to the emission standards referred to in subsection (1).

• Marginal note:Fleets — vehicles

  (4) A company that manufactures or imports a vocational vehicle, incomplete vocational vehicle, tractor or incomplete tractor that is covered by an EPA certificate and conforms to a CO₂ family emission limit that exceeds the CO₂ emission standard applicable to the model year of that vehicle under these Regulations, must participate in the CO₂ emission credit system set out in sections 34 to 47 and must, in accordance with section 18, group into fleets

  • (a) at least 50% of its vocational vehicles and incomplete vocational vehicles and at least 50% of its tractors and incomplete tractors of the 2015 model year if the number of heavy-duty vehicles it sold in Canada is greater than 500;

  • (b) at least 75% of its vocational vehicles and incomplete vocational vehicles and at least 75% of its tractors and incomplete tractors of the 2016 model year if the number of heavy-duty vehicles it sold in Canada is greater than 500; and

  • (c) all its 2017 and subsequent model year heavy-duty vehicles.

• Marginal note:Credits — heavy-duty vehicles of 2015 and 2016 model years

  (5) Unless a company elects to group all its vocational vehicles, incomplete vocational vehicles, tractors and incomplete tractors into fleets, credits obtained under paragraph (4)(a) or (b), as the case may be, for an averaging set of heavy-duty vehicles of the 2015 or 2016 model year may only be used to offset a deficit incurred for that averaging set of the same model year, after which the credits are no longer valid.

• Marginal note:If all vehicles grouped into fleets

  (6) For the purposes of subsection (4),

  • (a) credits obtained for the 2014 model year may be used to offset a deficit for an averaging set of the 2015 model year if the company groups into fleets all its vehicles of the 2014 and 2015 model years;

  • (b) credits obtained for the 2014 and 2015 model years may be used to offset a deficit for an averaging set of the 2016 model year if the company groups into fleets all its vehicles of the 2014, 2015 and 2016 model years; and

  • (c) credits obtained for the 2014, 2015 and 2016 model years may be used to offset a deficit for an averaging set of the 2017 or subsequent model year if the company groups into fleets all its vehicles of the 2014, 2015 and 2016 model years.

• Marginal note:Early action credits

  (7) For the purposes of subsection (4), for an averaging set of the 2014, 2015 or 2016 model year, a company may use early action credits obtained in accordance with section 47 if the company groups into fleets all its vocational vehicles, incomplete vocational vehicles, tractors and incomplete tractors of the averaging set for the model year in which the early action credits are used.

• Marginal note:Fleets — engines

  (8) A company that manufactures or imports an engine that is covered by an EPA certificate must group all its engines into fleets in accordance with section 18 and must participate in the CO₂ emission credit system set out in sections 34 to 47 if the following conditions are met:

  • (a) the engine conforms to a CO₂ family certification level that exceeds the CO₂ emission standard applicable to that engine’s model year under these Regulations; and

  • (b) the number of engines referred to in paragraph (a) sold in Canada by the company

    • (i) is more than 1000 and exceeds the number of engines of the same engine family that it sold in the United States, or

    • (ii) is between 101 and 1000 and is more than twice the number of engines of the same engine family that it sold in the United States.

• Marginal note:Subsection 153(3) of Act

  (9) For the purposes of subsection 153(3) of the Act, the provisions of the CFR that apply to a vehicle or an engine referred to in subsection (1) under the EPA certificate correspond to the certification and in-use standards referred to in subsection (1).

• Marginal note:EPA

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