Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations

Marginal note:Exemption

• 17 (1) A company may elect, for a given model year, not to comply with the standards set out in any of subsections 26(1), (1.1), (1.2), (1.3) and (5) and 27(1), (1.1), (1.2) and (7), as the case may be, for its vocational vehicles, incomplete vocational vehicles, tractors and incomplete tractors and, in the case of vocational vehicles, incomplete vocational vehicles, tractors and incomplete tractors that are covered by an EPA certificate, the company may elect not to comply with subsection 13(4), if the following conditions are met:

  • (a) it manufactured or imported in 2011 for sale in Canada in total less than 200 tractors and vocational vehicles;

  • (b) the number of vocational vehicles and tractors of the model year in question that it manufactures or imports for sale in Canada is fewer than 200; and

  • (c) it reports this election in its end of model year report in accordance with section 48.

• Marginal note:Exemption — engines

  (1.1) A company that makes an election referred to in subsection (1) may also make one or both of the elections set out in one of the following paragraphs in respect of the engines of a given model year that are installed in its vocational vehicles and tractors referred to in subsection (1) if it reports the election in its end of model year report in accordance with section 48:

  • (a) in the case of heavy-duty engines other than those that are covered by an EPA certificate, not to comply with

    • (i) the N₂O and CH₄ emission standards set out in section 29, or

    • (ii) the CO₂ emission standards set out in section 30 or subsection 31(1), (2) or (5); and

  • (b) in the case of heavy-duty engines that are covered by an EPA certificate, not to comply with subsection 13(7.1) or (8).

• Marginal note:CO₂ emission credit system

  (2) A company that makes an election referred to in subsection (1) or (1.1) must not participate in the CO₂ emission credit system set out in sections 34 to 47 for the model year in question.

• Marginal note:Merger

  (3) If a company merges with one or more companies after the day on which these Regulations come into force, the company that results from the merger may make an election referred to in subsection (1) or (1.1) if the combined number of vocational vehicles and tractors manufactured or imported for sale in Canada by the merged companies under each of paragraphs (1)(a) and (b) is fewer than 200.

• Marginal note:Acquisition

  (4) If a company acquires one or more companies, it must

  • (a) in the case where the company made an election referred to in subsection (1) or (1.1) before the acquisition, recalculate the number of vocational vehicles and tractors that it manufactured or imported for sale in Canada under each of paragraphs (1)(a) and (b) by adding to that number the number of vocational vehicles and tractors that were manufactured or imported for sale in Canada by each of the acquired companies and report the total number in its first end of model year report following the acquisition; and

  • (b) in the case where the company makes an election referred to in subsection (1) or (1.1) after the acquisition, calculate the number of vocational vehicles and tractors that it manufactured or imported for sale in Canada under each of paragraphs (1)(a) and (b) by adding to that number the number of vocational vehicles and tractors that were manufactured or imported for sale in Canada by each of the acquired companies.