CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999Off-Road Small Spark-Ignition Engine Emission RegulationsP.C.2003- 1774200311
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Whereas, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999a, the Minister of the Environment published in the Canada Gazette, Part I, on March 29, 2003, a copy of the proposed Off-Road Small Spark-Ignition Engine Emission Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the Regulations or a notice of objection requesting that a board of review be established and stating the reasons for the objection;S.C. 1999, c. 33Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 160 of the Canadian Environmental Protection Act, 1999a, hereby makes the annexed Off-Road Small Spark-Ignition Engine Emission Regulations.INTERPRETATIONThe following definitions apply in these Regulations.Act means the Canadian Environmental Protection Act, 1999. (Loi)CFR means Title 40, chapter I, subchapter C, part 90, of the Code of Federal Regulations of the United States as amended from time to time. (CFR)element of design means, in respect of an engine,any control system including computer software, electronic control systems and computer logic;any control system calibrations;the results of systems interaction; orany hardware items. (élément de conception)emission control system means any device, system, or element of design that controls or reduces the exhaust emissions from an engine. (système antipollution)engine means an off-road engine that is prescribed under subsection 5(1). (moteur)EPA means the United States Environmental Protection Agency. (EPA)EPA certificate means a certificate of conformity to United States federal standards issued by the EPA. (certificat de l’EPA)exhaust emissions means substances emitted into the atmosphere from any opening downstream from the exhaust port of an engine. (émissions de gaz d’échappement)machine means anything, including a vehicle, device, appliance or implement, powered by an engine. (machine)model year means the year, as determined under section 4, that is used by a manufacturer to designate a model of engine. (année de modèle)off-road engine means an engine, within the meaning of section 149 of the Act,that is used or designed to be used by itself and that is designed to be or is capable of being carried or moved; orthat is used or designed to be usedin or on a machine that is designed to be or is capable of being carried or moved,in or on a machine that is self-propelled,in or on a machine that serves a dual purpose by both propelling itself and performing another function, orin or on a machine that is designed to be propelled while performing its function. (moteur hors route)Standards that are incorporated by reference in these Regulations from the CFR are those expressly set out in the CFR and shall be read as excludingreferences to the EPA or the Administrator of the EPA exercising discretion in any way;alternative standards related to the averaging, banking and trading of emission credits, to small volume manufacturers or to financial hardship; andstandards or evidence of conformity of any jurisdiction or authority other than the EPA.For the purposes of these Regulations, a reference in the CFR tononroad vehicle shall be read as machine; andnonroad engine shall be read as engine.
SOR/2012-99, s. 2(E).
Previous VersionPURPOSEThe purpose of these Regulations is toreduce emissions of hydrocarbons, oxides of nitrogen and carbon monoxide from engines by establishing emission limits for those substances or combinations of those substances;reduce emissions of the toxic substances formaldehyde, 1,3 butadiene, acetaldehyde, acrolein and benzene through the establishment of emission limits for hydrocarbons from engines; andestablish emission standards and test procedures for engines that are aligned with those of the EPA.APPLICATIONThese Regulations apply to engines of the 2005 and later model years.MODEL YEARA year that is used by a manufacturer of an engine as a model year shallif the period of production of a model of engine does not include January 1 of a calendar year, correspond to the calendar year during which the period of production falls; orif the period of production of a model of engine includes January 1 of a calendar year, correspond to that calendar year.The period of production of a model of engine shall include only one January 1.PRESCRIBED ENGINESSubject to subsection (2), the off-road engines that are prescribed for the purposes of the definition engine in section 149 of the Act are those thatoperate under characteristics significantly similar to the theoretical Otto combustion cycle;use a spark plug or other sparking device; anddevelop no more than 19 kW of power measured at the crankshaft, or its equivalent, when equipped only with standard accessories (such as oil pumps or coolant pumps) necessary for their operation.The engines referred to in subsection (1) do not include engines that aredesigned exclusively for competition and with features that are not easily removed and characteristics that render their use other than in competition unsafe, impractical or unlikely;regulated by the On-Road Vehicle and Engine Emission Regulations;designed to be used exclusively in underground mines;designed to be used to power snowmobiles, all-terrain vehicles or restricted-use motorcycles, as those vehicles are defined in subsection 2(1) of the Motor Vehicle Safety Regulations;designed to be used in reduced-scale models of vehicles that are not capable of transporting a person;designed to be used exclusively in emergency and rescue machines;designed to be used in military machines designed for use in combat or combat support;designed to propel a vessel; orbeing exported and that are accompanied by a written statement establishing that they will not be sold or used in Canada.For the purpose of section 152 of the Act, the prescribed engines are those referred to in subsection (1) that are manufactured in Canada, except any engine that will be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing.APPLICATION FOR AUTHORIZATION TO APPLY THE NATIONAL EMISSIONS MARKAny company that intends to apply a national emissions mark in relation to an engine shall apply to the Minister to obtain an authorization.The application shall be signed by a person who is authorized to act on behalf of the company and shall includethe name and street address of the head office of the company and, if different, its mailing address;a statement that the company is seeking to obtain the authorization to apply the national emissions mark under these Regulations;the street address of the location at which the national emissions mark will be applied; andinformation to show that the company is capable of verifying compliance with the standards set out in these Regulations.NATIONAL EMISSIONS MARKThe national emissions mark is the mark set out in the schedule.The national emissions mark shall be at least 7 mm in height and 10 mm in width.The national emissions mark shall be locatedon or immediately next to the engine information label referred to in paragraph 16(d); orif there is no such label applied to the engine, in a visible or readily accessible location.The national emissions mark shall be on a label thatis permanently applied;is resistant to or protected against any weather condition; andbears inscriptions that are legible and indelible and that are indented, embossed or in a colour that contrasts with the background of the label.A company that has been authorized to apply the national emissions mark shall display the identification number assigned by the Minister in figures that are at least 2 mm in height, immediately below or to the right of the national emissions mark.A company may apply the national emissions mark to an engine that is manufactured before January 1, 2005, ifthe engine conforms to the standards set out in these Regulations for engines of the 2005 model year; andthe company meets the requirements of these Regulations in respect of that engine.ENGINE STANDARDSAn emission control system that is installed on an engine to enable it to conform to the standards set out in these Regulations shall notin its operation, release a substance that causes air pollution and that would not have been released if the system were not installed; orin its operation or malfunction, make the engine or the machine in which the engine is installed unsafe, or endanger persons or property near the engine or machine.No engine shall be equipped with a defeat device as defined in paragraph 111(b), subpart B, of the CFR.
SOR/2012-99, s. 3.
Previous VersionSubject to subsection (2) and sections 13 and 14, an engine of a given model year shall conform to the exhaust emission standards set out in sections 103 to 105, subpart B, of the CFR that are applicable to engines of that model year and of the same engine class described in paragraph 116(a), subpart B, of the CFR.Where less than 2,000 units of a class III, IV or V engine of a given model and model year are sold in Canada, the engine may, instead of conforming to the exhaust emission standards set out in Table 4 of section 103, subpart B, of the CFR,in the case of a class III or IV engineof the model year 2007 or earlier, conform to the exhaust emission standards set out in Table 1 of section 103, subpart B, of the CFR applicable to an engine of the same class, orof the model year 2008 or later, conform to the exhaust emission standards set out in paragraph 203(f), subpart C, of the CFR for the applicable class of engine and have a carbon monoxide emission no greater than 805 grams per kilowatt-hour; andin the case of a class V engineof the model year 2009 or earlier, conform to the exhaust emission standards set out in Table 1 of section 103, subpart B, of the CFR applicable to an engine of the same class, orof the model year 2010 or later, conform to the exhaust emission standards set out in paragraph 203(f), subpart C, of the CFR and have a carbon monoxide emission no greater than 603 grams per kilowatt-hour.For the purpose of this section, engines of a model year not included in the Phase 2 classification referred to in the CFR shall meet the standards applicable to engines of the same class and model year in the Phase 1 classification referred to in the CFR.The standards referred to in this section include the test procedures, fuels and calculation methods set out in the CFR for those standards.The crankcase of an engine must be closed.Despite subsection (1), an engine may have an open crankcase if itis designed exclusively to power a snowblower; andmeets the emission standards that are prescribed by these Regulations and applicable to the combination of exhaust emissions, measured using the procedures set out in subpart E, of the CFR, and crankcase emissions.In this section, adjustable parameter means a device, system or element of design that is capable of being physically adjusted to affect emissions or engine performance during emission testing or normal in-use operation, but does not include devices, systems or elements of design that are permanently sealed by the engine manufacturer or that are inaccessible with the use of ordinary tools.Engines equipped with adjustable parameters must comply with the applicable standards under these Regulations for any specification within the physically available range.
SOR/2012-99, s. 4(E).
Previous VersionREPLACEMENT ENGINESIn this section, replacement engine means an engine manufactured exclusively to replace an engine in a machine for which no current model year engine with the physical or performance characteristics necessary for the operation of the machine exists.A replacement engine may conform to, instead of the standards set out in sections 9 to 12,in the case where there exists a replacement engine manufactured to the specifications of a model year later than the model year of the original engine and with the physical or performance characteristics necessary for the operation of the machine,the standards referred to in sections 9 to 12 applicable to an engine manufactured to the specification of the model year of the replacement engine, orwhere none of the standards referred to in sections 9 to 12 apply, the manufacturer’s specifications; andin any other case,the standards referred to in sections 9 to 12 applicable to the original engine, orif none of those standards applied, the manufacturer’s specifications.A replacement engine shall bear a label that meets the requirements set out insubsections 7(3) and (4) and that sets out, in both official languages, that the engine is a replacement engine; orparagraph 1003(b)(5), subpart K, of the CFR.ENGINES COVERED BY AN EPA CERTIFICATEIn this section, an engine of a specific model year that is covered by an EPA certificate and that is sold concurrently in Canada and the United States includes an engine that is sold in Canada and that hasthe same features set out in the CFR to classify engines into engine families as an engine in an engine family covered by an EPA certificate and sold in the United States in the same model year; andno features that could cause it to have a higher level of emissions than the engine family sold in the United States.An engine of a specific model year that is covered by an EPA certificate and that is sold concurrently in Canada and in the United States shall conform to, instead of the standards set out in sections 9 to 12, the emission standards referred to in the EPA certificate.For the purposes of subsection 153(3) of the Act, the provisions of the CFR that are applicable to an engine referred to in subsection (2) pursuant to the EPA certificate correspond to the emission standards referred to in subsection (2).For the purposes of subsection 153(3) of the Act, the EPA is the prescribed agency.EMISSION-RELATED MAINTENANCE INSTRUCTIONSEvery company shall ensure that written instructions respecting emission-related maintenance are provided to the first retail purchaser of every engine or machine and that the instructions are consistent with the maintenance instructions set out in paragraphs 1104(a) and (b), subpart L, of the CFR for the applicable model year.The instructions shall be provided in English, French or both official languages, as requested by the purchaser.RECORDSIn the case of an engine referred to in subsection 14(2), evidence of conformity for the purposes of paragraph 153(1)(b) of the Act in respect of a company shall consist ofa copy of the EPA certificate covering the engine;a document demonstrating that the engine covered by the EPA certificate is sold concurrently in Canada and in the United States;a copy of the records submitted to the EPA in support of the application for the issuance of the EPA certificate in respect of the engine; andan engine information label that is permanently affixed in the form and location set out in section 114, subpart B, of the CFR for the applicable model year of the engine.In the case of an engine other than one referred to in subsection 14(2), evidence of conformity required under paragraph 153(1)(b) of the Act shall be obtained and produced by a company in a form and manner that is satisfactory to the Minister instead of that specified in section 16.On written request by the Minister for the evidence of conformity referred to in paragraphs 16(a) to (c) or section 17, the company shall provide the Minister with the evidence of conformity in respect of any engine manufactured in the eight years preceding the request, in either official language andwithin 40 days after the request is delivered to the company; orwithin 60 days after the request is delivered to the company, if the evidence of conformity must be translated from a language other than French or English.IMPORTATION REQUIREMENTS AND DOCUMENTSSubject to subsection (2), any company importing an engine into Canada shall submit a declaration at a customs office, signed by its duly authorized representative, that contains the following information:the name and street address and, if different, the mailing address of the importer;the business number assigned to the company by the Minister of National Revenue;in respect of an engine that is not installed in or on a machine, the name of the manufacturer and the model and model year of the engine;in respect of a machine, the name of the manufacturer and the make, model and type of the machine;the date on which the engine is imported; anda statement thatthe engine bears the national emissions mark, orthe company is able to produce the evidence of conformity in accordance with section 16 or complies with section 17.For the purposes of paragraph 153(1)(b) of the Act, any company that imports 500 or more engines into Canada in a calendar year may provide the information referred to in subsection (1) in any form and manner that is satisfactory to the Minister.
SOR/2012-99, s. 5(F).
Previous VersionThe declaration referred to in paragraph 155(1)(a) of the Act shall be signed by the person referred to in that paragraph or their duly authorized representative, and shall containthe information described in paragraphs 19(1)(a) to (e);a statement that the engine will be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing; andthe date on which the engine will be removed from Canada or destroyed.Any engine that is imported into Canada by a person that is not a company shall be labelled withthe national emissions mark;the engine information label referred to in paragraph 16(d) showing that the engine conformed to the emission standards of the EPA in effect at the time of its manufacture; ora label showing that the engine conformed to the emission standards of the California Air Resources Board in effect at the time of its manufacture.A company that imports an engine into Canada in reliance on subsection 153(2) of the Act shall submit a declaration at a customs office, signed by its duly authorized representative, that contains the information described in paragraphs 19(1)(a) to (e) and, in addition,a statement from the manufacturer of the engine that the engine will, when completed in accordance with instructions provided by the manufacturer, conform to the standards prescribed under these Regulations; anda statement from the company that the engine will be completed in accordance with the instructions referred to in paragraph (a).RENTAL RATEThe annual rental rate to be paid to a company by the Minister under subsection 159(1) of the Act, prorated on a daily basis for each day that an engine is made available, is 21% of the manufacturer’s suggested retail price of the engine.EXEMPTIONA company applying under section 156 of the Act for an exemption from conformity with any standard prescribed under these Regulations shall submit in writing to the Ministerits name and street address and, if different, mailing address;the province or country under the laws of which it is established;the section number, title and text of the standards from which an exemption is sought;the duration requested for the exemption;the estimated number of engines for which the exemption is sought and an estimate of the changes in the level of emissions if the exemption is granted;the reason for requesting the exemption, including technical and financial information that demonstrates in detail why conformity to the standards referred to in paragraph (c) wouldcreate substantial financial hardship for the company,impede the development of new features for emission monitoring or emission control that are equivalent or superior to those that conform to prescribed standards, orimpede the development of new kinds of engines or engine systems or components;if the basis of the application is substantial financial hardship,the world production of engines manufactured by the company or by the manufacturer that is the subject of the application in the 12-month period beginning two years before the start of the exemption period being sought, andthe total number of engines manufactured for, or imported into, the Canadian market in the 12-month period beginning two years before the start of the exemption period being sought; andif the company is requesting that information submitted be treated as confidential under section 313 of the Act or otherwise, the reasons for the request.[Repealed, SOR/2012-99, s. 6]
SOR/2012-99, s. 6.
Previous VersionIn the case of a model of engine in respect of which the Governor in Council has, by order, granted an exemption under section 156 of the Act, the engine shall bear a label that meets the requirements set out in subsections 7(3) and (4).The label referred to in subsection (1) shall set out, in both official languages, the standard for which the exemption has been granted, as well as the title and date of the exemption order.DEFECT INFORMATIONThe notice of defect referred to in subsections 157(1) and (4) of the Act shall be given in writing and shall contain the following information:the name of the company giving the notice;a description of each engine in respect of which the notice is given, including the model, the model year, the period during which the engine was manufactured and, if applicable, the EPA engine family identification;a description of the machine or type of machine in or on which the engine is installed or is likely to be installed;the estimated percentage of the potentially affected engines that contain the defect;a description of the defect;an evaluation of the pollution risk arising from the defect;a statement of the measures to be taken to correct the defect; anda description of the means available to the company to contact the current owner of each affected engine.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 containingthe information required by subsection (1);the total number of engines in relation to which the notice of defect has been given;a chronology of all principal events that led to the determination of the existence of the defect;a description of the measures taken to correct the defect; andcopies 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.A report respecting the defect and its correction shall be submitted to the Minister and shall contain the following information:the number, title or other identification assigned by the company to the notice of defect;the number of engines in respect of which the notice of defect was given;the date that notices of defect were given to the current owners of the affected engines; andthe total number or percentage of engines repaired, including engines requiring inspection only.Unless the Minister directs otherwise under subsection 157(8) of the Act, the company shall submit the report to the Minister respecting the defect and its correction not later than 24 months after giving a notice of defect.COMING INTO FORCEThese Regulations, except sections 3 to 5 and 9 to 26, come into force on the day on which they are registered.Sections 3 to 5 and 9 to 26 come into force on January 1, 2005.(subsection 7(1))NATIONAL EMISSIONS MARKThe letters EC in large font with a maple leaf pictured inside the letter C.