Locomotive Emissions Regulations (SOR/2017-121)

Initial Report

Marginal note:Filing of initial report

• 13 (1) A railway company must file with the Minister

  • (a) in the case of a company created on or before the day on which these Regulations come into force, a report with respect to all of the locomotives in its total fleet, as the fleet existed on that day, within 90 days after that day; and

  • (b) in the case of a company created after the day on which these Regulations come into force, a report with respect to each locomotive in its total fleet, as the fleet existed on the day on which the company was created, within 90 days after the day of its creation.

• Marginal note:Contents of initial report

  (2) The report must contain the following information:

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

  • (b) the address of the department within the railway company responsible for maintaining the records required under section 12;

  • (c) the name, telephone number and email address of the contact person for the railway company; and

  • (d) for each locomotive in its total fleet, the information set out in subsection 12(1).

Annual Report

Marginal note:Filing of annual report

• 14 (1) A railway company must file with the Minister, within 45 days after the end of each calendar year beginning after the end of 2018, a report with respect to each locomotive in its active fleet, as the fleet existed on December 31 of the calendar year, and each locomotive permanently removed from its total fleet in the calendar year.

• Marginal note:Contents of annual report

  (2) The report must contain the following information:

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

  • (b) the address of the department within the railway company responsible for maintaining the records required under section 12;

  • (c) the name, telephone number and email address of the contact person for the railway company;

  • (d) for each locomotive in its active fleet, the information set out in subsections 12(1) and (2);

  • (e) in the case of a new locomotive in its active fleet to which the exhaust emission standards set out in section 4 apply,

    • (i) the information set out in paragraphs 12(3)(a) to (c), if the locomotive is covered by an EPA certificate, and

    • (ii) the information set out in paragraphs 12(4)(a) to (i), if the locomotive is not covered by an EPA certificate; and

  • (f) in the case of a locomotive permanently removed from the total fleet during the calendar year, the information set out in subsections 12(1) and (5).

In-use Test Report

Marginal note:Filing of in-use test report

• 15 (1) A railway company must file with the Minister, within 90 days after the end of each calendar year, a report with respect to each locomotive tested under subsection 7(3) in that calendar year.

• Marginal note:Contents of in-use test report

  (2) The report must contain the following information:

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

  • (b) the address of the department within the railway company responsible for maintaining the records required under section 12;

  • (c) the name, telephone number and email address of the contact person for the railway company; and

  • (d) the information set out in subsection 12(1) and paragraphs 12(4)(e) to (g).

Incidental Operations Report

Marginal note:Filing of incidental operations report

• 16 (1) A railway company that operates its locomotives in Canada as part of incidental operations must file with the Minister

  • (a) in the case of a company created on or before the day on which these Regulations come into force, a report confirming the incidental operations existing on that day, within 90 days after that day;

  • (b) in the case of a company created after the day on which these Regulations come into force, a report confirming the incidental operations existing on the day on which the company is created, within 90 days after the day of its creation; and

  • (c) in the case of a company, other than a company referred to in paragraph (b), that begins incidental operations after the day on which these Regulations come into force, a report confirming the incidental operations and the day on which those operations began, within 90 days after that day.

• Marginal note:Contents of incidental operations report

  (2) The report must contain the following information:

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

  • (b) the address of the department within the railway company responsible for keeping the copies of the anti-idling policy referred to in subsection 10(3);

  • (c) the name, telephone number and email address of the contact person for the railway company; and

  • (d) a statement from the railway company that it operates its locomotives in Canada as part of incidental operations.

Report Certification

Marginal note:Certification

17 Each report referred to in sections 13 to 16 must include a certification, by the person responsible for the oversight of the railway company’s locomotive emissions program or by a person authorized to act on that person’s behalf, that all the information contained in the report is accurate.

Keeping of Records and Information

Marginal note:Records — duration

• 18 (1) A railway company must keep every record referred to in section 12 for at least four years after the day on which the locomotive is permanently removed from its total fleet.

• Marginal note:Reports — duration

  (2) A railway company must keep every report referred to in sections 13 to 16 for at least eight years after the day on which it is filed.

• Marginal note:Records and reports — form

  (3) A railway company must keep every record and report in written form or in a readily readable electronic or optical form.

Consequential Amendment to the Transportation Information Regulations

19 [Amendment]

Coming into Force

Marginal note:Registration

20 These Regulations come into force on the day on which they are registered.