On-Road Vehicle and Engine Emission Regulations (SOR/2003-2)

Tractors Equipped with Auxiliary Power Unit

15.1 Tractors of the 2021 and later model years that are equipped with an auxiliary power unit must, in respect of that unit, conform to the following particulate matter exhaust emission standards for the model year of tractor in question for the duration of the unit’s useful life, which is set out in section 101(g) of Title 40, chapter I, subchapter U, part 1039, subpart B, of the CFR:

• (a) for the 2021 to 2023 model years, the particulate matter exhaust emission standard set out in section 106(g)(1) of Title 40, chapter I, subchapter U, part 1037, subpart B, of the CFR; and

• (b) for the 2024 and later model years, the particulate matter exhaust emission standard set out in section 699 of Title 40, chapter I, subchapter U, part 1039, subpart G, of the CFR.

Heavy-duty Engines

• 16 (1) Subject to sections 19 and 19.1, Otto-cycle heavy-duty engines of a specific model year shall conform to the exhaust emission and crankcase emission standards applicable to Otto-cycle heavy-duty engines of the model year in question set out in section 10 of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR.

• (2) Subject to sections 19 and 19.1, diesel heavy-duty engines of a specific model year shall conform to the exhaust emission and crankcase emission standards applicable to diesel heavy-duty engines of the model year in question set out in section 11 of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR.

• (3) Subject to sections 19 and 19.1, heavy-duty engines of a specific model year used or intended for use in heavy-duty vehicles that have a GVWR of 6 350 kg (14,000 lb) or less shall be equipped with an on-board diagnostic system that conforms to the standards applicable to engines of the model year in question set out in section 17 of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR.

• (4) Subject to sections 19 and 19.1, heavy-duty engines of the 2014 and later model years used or intended for use in heavy-duty vehicles that have a GVWR of more than 6 350 kg (14,000 lb) shall be equipped with an on-board diagnostic system that conforms to the standards applicable to engines of the model year in question set out in section 18 of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR.

Motorcycles

17 Subject to sections 17.1, 19, 19.1 and 32.2, motorcycles of a specific model year

• (a) shall conform to the exhaust emission and evaporative emission standards applicable to motorcycles of the model year in question set out in section 410 of Title 40, chapter I, subchapter C, part 86, subpart E, of the CFR; and

• (b) shall not release any crankcase emissions.

• 17.1 (1) A company that manufactures or imports fewer than 200 motorcycles for sale in Canada per year and has fewer than 500 employees worldwide is exempt from the requirement to conform to the HC+NO_x emission standard set out in the section of the CFR that is referred to in paragraph 17(a) in respect of its Class III motorcycles of the 2006 and 2007 model years that conform to the hydrocarbon emission standard referred to in that section and applicable to 2005 model year motorcycles.

• (2) A company that manufactures or imports fewer than 200 motorcycles for sale in Canada per year and has fewer than 500 employees worldwide is exempt from the requirement to conform to the HC+NO_x emission standard set out in the section of the CFR that is referred to in paragraph 17(a) in respect of its Class III motorcycles of the 2010 and later model years that conform to the HC+NO_x emission standard referred to in that section and applicable to 2009 model year motorcycles.

• (3) A company that manufactures or imports fewer than 200 motorcycles for sale in Canada per year and having fewer than 500 employees worldwide is exempt from the requirement to conform to the applicable evaporative emission standards set out in the section of the CFR that is referred to in paragraph 17(a) in respect of its 2008 and 2009 model year motorcycles.

Phase-in Standards — Particulate Matter

• 17.2 (1) Subject to subsection (3), for the purposes of subparagraphs 12(a.1)(i) and 13(a.1)(i), the particulate matter exhaust emission standards set out in section 1811 or 1816 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, as the case may be, apply to a percentage of a company’s vehicles referred to in section 12 or 13 of a specific model year, in accordance with subsection (5) or (6).

• (2) For the purposes of subsection (1), a company shall group its vehicles together as follows:

  • (a) in the case of the vehicles referred to in section 12

    • (i) for the 2017 model year, all of its light-duty vehicles and light light-duty trucks of that model year, and

    • (ii) for the 2018 and later model years, all of its light-duty vehicles, light-duty trucks and medium-duty passenger vehicles of the model year in question; and

  • (b) in the case of the vehicles referred to in section 13, for the 2018 and later model years, all of its Class 2B vehicles and Class 3 vehicles of the model year in question.

• (3) For the 2017 to 2021 model years, a company shall calculate the percentage of its vehicles of a specific model year in a given group that conform to the standards referred to in subsection (1) unless each vehicle in the group

  • (a) is covered by an EPA certificate, conforms to the particulate matter exhaust emission standards referred to in the EPA certificate and is of a model that is sold in greater numbers in the United States than in Canada; or

  • (b) conforms to the particulate matter exhaust emission standard set out in Table 1 in section 1811 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR or Table 1 in section 1816 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, as applicable, whether or not it is covered by an EPA certificate.

• (4) In determining the number of vehicles of a given group that are to meet the particulate matter exhaust emission standards referred to in subsection (1), in accordance with the applicable percentage, a company may exclude from the group all of its vehicles that are covered by an EPA certificate and that are of a model that is sold in greater numbers in the United States than in Canada.

• (5) Subject to subsection (6), the percentage of vehicles of a specific model year in a given group that conform to the applicable particulate matter exhaust emission standards shall be greater than or equal to the percentage set out in column 2 of the table to this subsection for the applicable model year set out in column 1.

  	Column 1	Column 2
  Item	Model Year	Percentage
  1	2017	20
  2	2018	20
  3	2019	40
  4	2020	70
  5	2021 and later	100

• (6) A company may elect not to comply with subsection (5) for the 2017 to 2020, 2018 to 2020 or 2019 to 2020 model years if

  • (a) the total percentage of vehicles of the group for all of the applicable consecutive model years set out in column 1 of the table to this subsection that conform to the particulate matter exhaust emission standards is greater than or equal to the percentage set out in column 2 for those consecutive model years; and

  • (b) the company notifies the Minister of its election before January 1 of the calendar year that corresponds to the first of the applicable consecutive model years set out in column 1 of the table to this subsection.

  	Column 1	Column 2
  Item	Consecutive Model Years	Percentage
  1	2017 to 2020	38
  2	2018 to 2020	44
  3	2019 to 2020	55

• (7) For greater certainty, all companies shall comply with subsection (5) for the 2021 and later model years.

Interpretation of Standards

18 The standards referred to in sections 11 to 17 are the certification and in-use standards set out in the CFR for the applicable useful life and include the test procedures, fuels, calculation methods, compliance credits and allowances set out in the CFR for those standards.

Vehicles or Engines Covered by an EPA Certificate

• 19 (1) Every vehicle or engine of a specific model year that is covered by an EPA certificate and bears the U.S. emission control information label referred to in paragraph 35(1)(d) may, if the company so chooses, conform to, instead of the standards set out in sections 11 to 17, the certification and in-use standards referred to in the EPA certificate.

• (2) For the purposes of subsection 153(3) of the Act, the provisions of the CFR that are applicable to a vehicle or engine referred to in subsection (1) pursuant to the EPA certificate correspond to the certification and in-use standards referred to in subsection (1).

• (3) For the purposes of subsection 153(3) of the Act, the EPA is the prescribed agency.

Vehicles Equivalent to Vehicles Covered by an EPA Certificate

• 19.1 (1) A vehicle of a specific model year that is not covered by an EPA certificate may be considered equivalent to a vehicle that is covered by an EPA certificate if a company submits the evidence of conformity referred to in section 35.1 in respect of that vehicle instead of the evidence of conformity referred to in section 36.

• (2) The equivalency of a vehicle is determined by the Minister on the basis of the evidence of conformity referred to in section 35.1.

• (3) Every vehicle of a specific model year that is determined to be equivalent to a vehicle covered by an EPA certificate and that is sold in Canada during the period for which that EPA certificate is valid in the United States shall conform to, instead of the standards set out in sections 11 to 17, the certification and in-use standards referred to in that EPA certificate.

Fleet Average Standards

General

20 In sections 21 to 32, fleet refers to the vehicles of a specific model year that a company manufactures in Canada, or imports into Canada, for the purpose of sale to the first retail purchaser and that are grouped for the purpose of conforming to sections 21 to 23, 24.1 to 24.4, 24.6, 24.7 and 24.10 or for the purpose of participation in the emission credit system set out in sections 26 to 31.1.

Fleet Average NO_X Standards

21 The average NO_X value for a company’s fleet that is composed of all of its light-duty vehicles and light light-duty trucks of a model year set out in column 1 of the table to this section shall not exceed the applicable fleet average NO_X standard set out in column 2.

22 The average NO_X value for a company’s fleet that is composed of all of its heavy light-duty trucks and medium-duty passenger vehicles of a model year set out in column 1 of the table to this section shall not exceed the applicable fleet average NO_X standard set out in column 2.

• 23 (1) For the 2009 to 2016 model years, the average NO_X value for a company’s fleet that is composed of all of its light-duty vehicles, light-duty trucks and medium-duty passenger vehicles of the model year in question shall not exceed 0.07 grams per mile.

• (2) For the 2017 model year, the average NO_X value for a company’s fleet that is composed of all of its heavy light-duty trucks and medium-duty passenger vehicles of that model year shall not exceed 0.07 grams per mile.

Calculation of Fleet Average NOx Values

• 24 (1) Subject to section 25, for each of its fleets referred to in sections 21 to 23, a company shall calculate the average NOx value in accordance with the following formula:

  [Σ (A x B)]/C

  where

  A

  is the NOx emission standard for each full useful life emission bin,

  B

  is the number of vehicles in the fleet that conform to that NOx emission standard, and

  C

  is the total number of vehicles in the fleet.

• (2) The average NOx value for the fleet shall be rounded to the same number of significant figures that are contained in the total number of vehicles in the fleet in the denominator in subsection (1), but to at least three decimal places.

• (3) If a company’s fleet includes any hybrid electric vehicle that is covered by an EPA certificate, the average NOx value calculated under subsection (1) may be lowered by applying one or more hybrid electric vehicle NOx contribution factors as long as

  • (a) each factor has been approved by the EPA in accordance with the provisions of the CFR;

  • (b) each factor is applied in the same manner as it is applied by the EPA; and

  • (c) evidence of the EPA approval is provided to the Minister in the end of model year report referred to in section 32.

• (4) Subject to subsection (5), in respect of any of its vehicles that conform to a NO_X emission standard for an extended useful life of 150,000 miles, a company may, in the formula in subsection (1), replace that standard, for each of those vehicles, with that standard multiplied by 0.85, rounded to at least three decimal places.

• (5) A company may only replace a NOx emission standard as described in subsection (4) if the vehicle complies with any standards that may be applicable at the intermediate useful life.

• (6) In respect of the 2004 and 2005 model years, a company may multiply by 2 the number of vehicles that conform to full useful life emission bin 1, and multiply by 1.5 the number of vehicles that conform to full useful life emission bin 2, when calculating one of the following:

  • (a) the denominator in subsection (1); or

  • (b) “total number of vehicles in the fleet” in the equation for calculating credits in subsection 26(2).

• (7) When calculating the average NO_x value under subsection (1) for a fleet of the 2004 model year, a company may include all vehicles of that model year, including those whose main assembly was completed before January 1, 2004.