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Multi-Sector Air Pollutants Regulations (SOR/2016-151)

Regulations are current to 2019-08-28

PART 2Stationary Spark-ignition Engines (continued)

Application (continued)

Marginal note:Non-application — low revenue and power

  •  (1) This Part does not apply in respect of a pre-existing engine for a period of 36 months after the first day on which the following conditions are met:

    • (a) there is only one responsible person for the engine;

    • (b) the sum of the gross revenue of the responsible person and of each of its affiliates, if any, for the most recent taxation year for which each of them has filed a return of income, does not exceed $5 million;

    • (c) the total rated brake power of the responsible person’s pre-existing engines is at most 1 MW; and

    • (d) the responsible person provides the Minister with the information referred to in Schedule 8 for inclusion in the engine registry.

  • Marginal note:Extension

    (2) A period of non-application referred to in subsection (1) is extended by 36 months if, on a day that occurs within the last six months of that period,

    • (a) the conditions set out in paragraphs (1)(a) to (c) are met; and

    • (b) the responsible person provides the Minister with the information referred to in Schedule 8 for inclusion in the engine registry.

  • Marginal note:Meaning of gross revenue

    (3) In paragraph (1)(b) and Schedule 8, gross revenue has the same meaning as in section 248 of the Income Tax Act.

  • Marginal note:Meaning of affiliates

    (4) In paragraph (1)(b) and Schedule 8, affiliates has the same meaning as in subsection 2(1) of the Canada Business Corporations Act.

Marginal note:Non-application — new owners

  •  (1) Subject to subsection (3), this Part does not apply in respect of a pre-existing engine to an owner of it for a period of at most 275 days after the date on which they become its owner, if

    • (a) that date occurs after March 31, 2020; and

    • (b) before that date, the pre-existing engine has never been equipped with an emission control system that ensures that its NOx emission intensity is at most 525 ppmvd15% or 10 g/kWh.

  • Marginal note:End of period of non-application

    (2) The period of non-application under subsection (1) ends on the first day that is within those 275 days on which the following conditions are met:

    • (a) the engine is equipped with an emission control systems referred to in paragraph (1)(b);

    • (b) the owner assigns a NOx emission value of at most 525 ppmvd15% or 10 g/kWh to the engine, in the case that they are subject to a limit referred to in section 60; and

    • (c) the owner registers the engine in the engine registry in accordance with subsection 97(3) or (4).

  • Marginal note:No period of non-application

    (3) There is no period of non-application under subsection (1) if the conditions set out in subsection (2) are not met within those 275 days.

Marginal note:Synthetic gas and still gas

 Sections 54, 55, 57 and 58, paragraph 59(1)(b) and section 68 do not apply in respect of an engine — for any period during which the fuel combusted consists of more than 50% synthetic gas, still gas or any combination of those gases — if records are kept that establish, based on a calculation of the mass flow, that the fuel combusted in that period consists of that proportion of those gases.

General

Marginal note:Regular-use engines

 Every engine that has operated for at least one hour during a year is a regular-use engine unless an election is in effect to have the engine be low-use.

Marginal note:Low-use engines — election

  •  (1) The election is made when a responsible person for the engine provides to the Minister a notice of the election for inclusion in the engine registry that specifies the year as of which the election takes effect, which may be

    • (a) the year in which the notice is provided, if the number of hours that the engine was operating — while they were a responsible person for that engine — in that year before the sending of the notice is recorded; or

    • (b) a year subsequent to the year in which the notice is provided.

  • Marginal note:Obligations under an election

    (2) An engine for which an election is in effect must

    • (a) have a non-resettable hour meter, another non-resettable device or a SCADA system to determine the number of hours that the engine operates installed

      • (i) by the day on which the notice is provided, if the election takes effect in the year in which the notice is provided, and

      • (ii) by January 1 of the year as of which the election is to take effect, in any other case;

    • (b) have the meter, device or SCADA system operating continuously, other than during periods when it is undergoing normal servicing or timely repairs, as of the day referred to in subparagraph (a)(i) or (ii), whichever applies;

    • (c) if a non-resettable hour meter or another non-resettable device is installed, have readings taken from the meter or device that are recorded along with the dates of the readings and the serial number — or, if the serial number is not known or cannot be obtained, the unique alphanumeric identifier — make and model of the engine within the shortest feasible period before or after

      • (i) the day on which the notice is provided, if the election takes effect in the year in which the notice is provided,

      • (ii) every subsequent January 1, and

      • (iii) the day on which the election ceases to be in effect;

    • (d) if a SCADA system is installed, have a record made — as of the day referred to in subparagraph (a)(i) or (ii), whichever applies, and until the day on which the election ceases to be in effect — from the SCADA system at least once every 30 days that contains

      • (i) data, taken every five minutes, that is used to determine the number of hours that the engine has operated,

      • (ii) the dates on which that data was taken, and

      • (iii) data that can be used to identify the serial number — or, if the serial number is not known or cannot be obtained, the unique alphanumeric identifier — make and model of the engine; and

    • (e) for each period of three consecutive years that begins with the year as of which the election takes effect, operate, excluding any hour of operation during an emergency, for fewer than 1,314 hours, as determined based on the records referred to in paragraph (c) or (d) and, if applicable, paragraph (1)(a).

  • Marginal note:Election ceases to be in effect

    (3) An election ceases to be in effect if

    • (a) the engine does not meet one of the requirements set out in paragraphs (2)(a) to (e); or

    • (b) a responsible person for the engine provides the Minister with a notice to that effect for inclusion in the engine registry.

  • Marginal note:Re-election

    (4) Nobody who is a responsible person for the engine when an election ceases to be in effect may re-elect to have the engine be low-use before January 1 of the year that begins at least three years after that election took effect.

Marginal note:Designation as rich-burn engine

  •  (1) An engine that is designated by its manufacturer as being a rich-burn engine is presumed to be a rich-burn engine.

  • Marginal note:Rebuttal — lean-burn engine

    (2) The presumption is rebutted if the responsible person for the engine establishes that the oxygen content in the exhaust gas, before any dilution, is at least 4%, determined by volume on a dry basis.

Marginal note:Applicable units — NOx emission intensity limit

 The applicable NOx emission intensity limit for an engine referred to in section 54, 57 or 58 or paragraph 59(1)(b) is the limit that is expressed in

  • (a) the same units, ppmvd15% or g/kWh, that were used to determine the NOx emission intensity of the engine for the most recent performance test conducted under section 77 or 78; or

  • (b) ppmvd15%, in the absence of a prior performance test or if the units that were used to make the determination for that most recent performance test are not known.

 
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