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

Regulations are current to 2016-11-21 and last amended on 2015-07-16. Previous Versions

  •  (1) Subject to subsection 27(2), a company shall offset a NOX emission deficit no later than the date on which the company submits the end of model year report for the third model year after the model year in which the deficit was incurred.

  • (2) Subject to subsection (3), a company may offset a NOx emission deficit with an equivalent number of NOx emission credits obtained in accordance with section 26 or obtained from another company.

  • (3) If any part of a NOx emission deficit for a specific model year is outstanding following the submission of the end of model year report for the second model year after the model year in which the deficit was incurred, the number of NOx emission credits required to offset that outstanding deficit in the next model year is 120% of the deficit.

  • SOR/2015-186, s. 34.
  •  (1) A company shall offset a NMOG + NOX, cold NMHC or evaporative emission deficit no later than the date on which the company submits the end of model year report for the third model year after the model year in which the deficit was incurred.

  • (2) A company may offset a NMOG + NOX, cold NMHC or evaporative emission deficit with an equivalent number of NMOG + NOX, cold NMHC or evaporative emission credits, as the case may be, obtained in accordance with section 26.1, 26.2 or 26.3 or obtained from another company.

  • SOR/2015-186, s. 35.
  •  (1) A company that acquires another company or that results from a merger of companies is responsible for offsetting, in accordance with section 29 or 29.1, any emission deficits of the acquired company or merged companies.

  • (2) In the case of a company that ceases to manufacture, import or sell light-duty vehicles, light-duty trucks, medium-duty passenger vehicles, Class 2B vehicles or Class 3 vehicles, the company shall, no later than three calendar years after submitting its last end of model year report, offset all emission deficits that are outstanding at the time that it ceases those activities.

  • SOR/2013-8, s. 12(E);
  • SOR/2015-186, s. 35.

Election for Vehicles Covered by an EPA Certificate

  •  (1) Subject to subsection (8), a company may elect to exclude the group of vehicles in a fleet that are covered by an EPA certificate and that are sold concurrently in Canada and the United States from the requirement to meet the standards set out in section 21, 22 or 23, as the case may be, and from the NOX emission deficit calculations in respect of a fleet under section 28.

  • (2) Subject to subsection (3), a company shall include in the group referred to in subsection (1) all of the vehicles of the fleet that are covered by an EPA certificate and that are sold concurrently in Canada and the United States.

  • (3) A company shall not include in the group referred to in subsection (1) any vehicle that is covered by an EPA certificate and

    • (a) in respect of which the total number of units sold in Canada exceeds the total number of units sold in the United States that are covered by the same EPA certificate; and

    • (b) that conforms to a full useful life emission bin having a NOx standard that is greater than the applicable fleet average NOx standard for the model year in respect of which the election is made.

  • (4) Subject to subsection (5), if a company makes an election under subsection (1), it shall calculate an average NOx value in accordance with section 24, with the necessary modifications, in respect of

    • (a) the group that is subject to the election; and

    • (b) the vehicles in the fleet that are not part of the group referred to in paragraph (a), if any.

  • (5) A company may elect not to make the calculations referred to in subsection (4) for a group of vehicles described in paragraph (4)(a) or (b) if every vehicle in the group conforms to a full useful life emission bin having a NOx standard equal to or less than the fleet average NOx standard that would otherwise apply under section 21, 22 or 23, as the case may be.

  • (6) If a company makes an election under subsection (5) the average NOx emission value for the group of vehicles of a fleet for which the election was made shall be the applicable fleet average NOx standard.

  • (7) If a company makes the election referred to in subsection (1) and the average NOx value for the group that is subject to the election, calculated under paragraph (4)(a) exceeds the fleet average NOx standard that would otherwise apply under section 21, 22 or 23, as the case may be, the company shall

    • (a) forfeit any NOx emission credits obtained in previous model years; and

    • (b) not obtain any NOx emission credits in the model year in respect of which the election was made.

  • (8) A company shall not make the election referred to in subsection (1) in respect of a model year in which it has transferred NOX emission credits to another company if the average NOX value calculated under paragraph (4)(a) for the group that is subject to the election exceeds the fleet average NOX standard that would otherwise apply under section 21, 22 or 23, as the case may be.

  • SOR/2006-268, s. 8;
  • SOR/2015-186, s. 36.
  •  (1) Subject to subsection (8), a company may elect to exclude the group of vehicles in a fleet that are covered by an EPA certificate and that are sold concurrently in Canada and the United States from the requirement to meet the standards set out in sections 24.1 to 24.4, 24.6, 24.7 and 24.10, as applicable, and from the NMOG + NOX, cold NMHC or evaporative emission deficit calculations, as the case may be, in respect of a fleet under section 28.

  • (2) Subject to subsection (3), a company shall include in the group referred to in subsection (1) all of the vehicles of a fleet that are covered by an EPA certificate and that are sold concurrently in Canada and the United States.

  • (3) A company shall not include in the group referred to in subsection (1) any vehicle that is covered by an EPA certificate and

    • (a) in respect of which the total number of units sold in Canada exceeds the total number of units sold in the United States that are covered by the same EPA certificate; and

    • (b) that conforms, as applicable, to

      • (i) a full useful life emission bin having a NMOG + NOX standard that is greater than the applicable fleet average NMOG + NOX standard for the model year in respect of which the election is made, or

      • (ii) a family emission limit for cold NMHC or evaporative emissions, as the case may be, that is greater than the applicable fleet average cold NMHC or evaporative emission standard for the model year in respect of which the election is made.

  • (4) Subject to subsection (5), if a company makes an election under subsection (1), it shall calculate an average NMOG + NOX, cold NMHC or evaporative emission value in accordance with section 24.5, 24.8 or 24.11, as the case may be, with the necessary modifications, in respect of

    • (a) the group that is subject to the election; and

    • (b) the vehicles in the fleet that are not part of the group referred to in paragraph (a), if any.

  • (5) A company may elect not to make the calculations referred to in subsection (4) for a group of vehicles described in paragraph (4)(a) or (b) if every vehicle in the group conforms to

    • (a) a full useful life emission bin having a NMOG + NOX standard that is equal to or less than the fleet average NMOG + NOX standard that would otherwise apply under sections 24.1 to 24.4; or

    • (b) a family emission limit for cold NMHC or evaporative emissions, as the case may be, that is equal to or less than the fleet average cold NMHC or evaporative emission standard that would otherwise apply under section 24.6, 24.7 or 24.10.

  • (6) If a company makes an election under subsection (5), the average NMOG + NOX, cold NMHC or evaporative emission value, as the case may be, for the group of vehicles of a fleet for which the election was made shall be the applicable fleet average NMOG + NOX, cold NMHC or evaporative emission standard.

  • (7) If a company makes the election referred to in subsection (1) and the average NMOG + NOX, cold NMHC or evaporative emission value, as the case may be, for the group that is subject to the election, calculated under paragraph (4)(a), exceeds the fleet average NMOG + NOX, cold NMHC or evaporative emission standard that would otherwise apply under section 24.1, 24.2, 24.3, 24.4, 24.6, 24.7 or 24.10, the company shall

    • (a) forfeit any NMOG + NOX, cold NMHC or evaporative emission credits, as the case may be, obtained for previous model years; and

    • (b) not obtain any NMOG + NOX, cold NMHC or evaporative emission credits, as the case may be, for the model year in respect of which the election was made.

  • (8) A company shall not make an election referred to in subsection (1) in respect of any of the following emission standards for a model year in respect of which it has transferred emission credits to another company if

    • (a) in the case of NMOG + NOX standards, the average NMOG + NOX value, calculated under paragraph (4)(a) for the group that is subject to the election, exceeds the fleet average NMOG + NOX standard that would otherwise apply under section 24.1, 24.2, 24.3 or 24.4;

    • (b) in the case of cold NMHC standards, the average cold NMHC value, calculated under paragraph (4)(a) for the group that is subject to the election, exceeds the fleet average cold NMHC standard that would otherwise apply under section 24.6 or 24.7; or

    • (c) in the case of evaporative emissions standards, the average evaporative emission value, calculated under paragraph (4)(a) for the group that is subject to the election, exceeds the fleet average evaporative emission standard that would otherwise apply under section 24.10.

  • SOR/2015-186, s. 37.
 
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