Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33)

Marginal note:Exemption from standards

• 156. (1) On application by a company in the prescribed form, supported by prescribed technical and financial information, the Governor in Council may, by order, grant an exemption for a specified period, subject to any conditions specified in the order, for any model of vehicle or engine manufactured or imported by the company from conformity with any prescribed standard applicable to that model if conformity with that standard would, in the opinion of the Governor in Council,

  • (a) create substantial financial hardship for the company;

  • (b) impede the development of new features for safety, emission monitoring or emission control that are equivalent to or superior to those that conform to prescribed standards; or

  • (c) impede the development of new kinds of vehicles, engines or vehicle or engine systems or components.

• Marginal note:Period and extent of exemption

  (2) An exemption for a model may be granted for a period not exceeding

  • (a) three years, if paragraph (1)(a) applies; or

  • (b) two years, in respect of a stated number of units of that model not exceeding 1,000 units, if paragraph (1)(b) or (c) applies.

• Marginal note:Conditions for granting exemption

  (3) An exemption may not be granted for a model if the exemption would substantially diminish the control of emissions from it or if the company applying for the exemption has not provided evidence that satisfies the Governor in Council that it has attempted in good faith to bring the model into conformity with all applicable prescribed standards.

• Marginal note:Further conditions

  (4) An exemption for substantial financial hardship may not be granted under paragraph (1)(a) if

  • (a) the world production of vehicles or engines manufactured by the company, or by the manufacturer of the model that is the subject of the application, exceeded 10,000 vehicles or engines in the 12-month period beginning two years before the beginning of the exemption period; or

  • (b) the total number of vehicles or engines manufactured for, or imported into, the Canadian market by the company exceeded 1,000 vehicles or engines in that 12-month period.

• Marginal note:Renewal of exemption

  (5) On the expiry of the exemption period, a new exemption may be granted in accordance with this section.

Marginal note:Obligation to give notice

• 157. (1) A company that manufactures, sells or imports any vehicle, engine or equipment of a class for which standards are prescribed shall, on becoming aware of a defect in the design, construction or functioning of the vehicle, engine or equipment that affects or is likely to affect its compliance with a prescribed standard, cause notice of the defect to be given in the prescribed manner to

  • (a) the Minister;

  • (b) each person who has obtained such a vehicle, engine or equipment from the company; and

  • (c) each current owner of such a vehicle, engine or equipment.

• Marginal note:Determining owners

  (2) Current owners are to be determined for the purpose of subsection (1)

  • (a) from a warranty issued by the company with respect to the functioning of the vehicle, engine or equipment that has, to its knowledge, been given, sold or transferred to the current owner;

  • (b) in the case of a vehicle, from registration records of a government; or

  • (c) in the case of an engine or equipment, from a registration system referred to in paragraph 153(1)(h).

• Marginal note:If notice previously given

  (3) A company is not required to cause notice to be given of a defect of which notice has already been given under this section or under section 10 of the Motor Vehicle Safety Act.

• Marginal note:Publication of notice

  (4) If the Minister is satisfied that the name of the current owner of the vehicle, engine or equipment cannot reasonably be determined by a company in accordance with subsection (2), the Minister may

  • (a) order the company to give notice of the defect by publication in the prescribed form for a period of five consecutive days in two major daily newspapers in each of the following six regions, namely, the Atlantic provinces, Quebec, Ontario, the Prairie provinces, British Columbia and the Territories, or by dissemination in an alternative medium for any period that the Minister determines; or

  • (b) order that the current owner need not be notified.

• Marginal note:Contents of notice

  (5) A notice required to be given under subsections (1) and (4) shall contain, in the form and to the extent prescribed, a description of the defect, an evaluation of the pollution risk arising from it and directions for correcting it.

• Marginal note:Particulars to responsible authorities

  (6) On receiving a notice under subsection (1), the Minister shall forward full particulars of the notice to the person responsible for vehicle or engine administration in each government.

• Marginal note:Follow-up reports

  (7) Every company that causes notice to be given under subsection (1) shall submit an initial report and subsequent regular reports respecting the defect and its correction in accordance with the regulations.

• Marginal note:Frequency of reports

  (8) Unless the Minister directs otherwise, the reports referred to in subsection (7) shall be submitted for a period of two years after the day on which notice was given under subsection (1).