Off-Road Small Spark-Ignition Engine Emission Regulations (SOR/2003-355)

Application for Authorization to Apply the National Emissions Mark

• 6 (1) Any company that intends to apply a national emissions mark in relation to an engine shall apply to the Minister to obtain an authorization.

• (2) The application shall be signed by a person who is authorized to act on behalf of the company and shall include

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

  • (b) a statement that the company is seeking to obtain the authorization to apply the national emissions mark under these Regulations;

  • (c) the street address of the location at which the national emissions mark will be applied; and

  • (d) information to show that the company is capable of verifying compliance with the standards set out in these Regulations.

National Emissions Mark

7 [Repealed, SOR/2017-196, s. 5]

8 [Repealed, SOR/2017-196, s. 5]

Standards

Emission Control Systems

• 9 (1) An emission control system that is installed on an engine to enable it to conform to the standards set out in these Regulations shall not

  • (a) in its operation, release a substance that causes air pollution and that would not have been released if the system were not installed; or

  • (b) in 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.

• (2) An engine must not be equipped with an auxiliary emission control device that reduces the effectiveness of the emission control system under conditions that may reasonably be expected to be encountered under normal operation of the engine, unless a description of the auxiliary emission control device is included in the evidence of conformity under section 16 or 17 and

  • (a) the conditions under which the auxiliary emission control device operates are substantially included in the test procedures referred to in section 13.1;

  • (b) the auxiliary emission control device is needed to protect the engine against damage or accident; or

  • (c) the auxiliary emission control device is only used to start the engine.

• (3) [Repealed, SOR/2020-258, s. 59]

• (4) [Repealed, SOR/2020-258, s. 59]

10 [Repealed, SOR/2017-196, s. 8]

• 11 (1) The crankcase of an engine must be closed.

• (2) Despite subsection (1), an engine may have an open crankcase if it

  • (a) is designed exclusively to power a snowblower; and

  • (b) meets the exhaust emission standards prescribed by these Regulations if crankcase emissions are considered to be exhaust emissions.

Adjustable Parameters and Altitude Kits

• 12 (1) 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.

• (2) Engines that are equipped with adjustable parameters shall comply with the applicable standards under these Regulations for any specification within the physically adjustable range.

12.1 For engines of the 2019 and later model years, a company may rely on an altitude kit as specified in paragraph 115(c) of subpart B of CFR 1054 to demonstrate compliance with exhaust emission standards.

Emission Standards

General

12.2 An engine of a given model year, except a replacement engine as defined in section 13, shall

• (a) conform to the applicable emission standards set out in sections 12.4 to 12.8; or

• (b) in the case of an engine that is covered by an EPA certificate and that is sold concurrently in Canada and the United States, conform to the following emission standards:

  • (i) for an engine of the 2019 or later model year that has a complete fuel system and whose fuel lines or fuel tanks are covered by one or more EPA certificates, those referred to in each of the EPA certificates, and

  • (ii) in any other case, those referred to in the EPA certificate.

EPA Certificates

12.3 For the purposes of subsection 153(3) of the Act,

• (a) the EPA is the prescribed agency; and

• (b) the provisions of the CFR that are applicable under an EPA certificate to an engine set out in paragraph 12.2(b), correspond to the standards referred to in sections 9 to 12.1 and paragraph 12.2(a).

Engines of 2005 to 2018 Model Years

12.4 An engine of a model year before the 2019 model year shall conform to the exhaust emission standards set out in

• (a) sections 103 to 105 of subpart B of CFR 90 that are applicable to engines of that model year and of the same engine class described in paragraph 116(b) of that subpart; or

• (b) sections 103 to 107 of subpart B of CFR 1054 that are applicable to engines of that model year and of the same engine class described in section 801 of subpart I of CFR 1054.

Engines of 2019 and Later Model Years

Engines

• 12.5 (1) Subject to subsection (2), the following standards set out in subpart B of CFR 1054 apply to engines of the 2019 and later model years:

  • (a) for engines that are designed to be used in a non-handheld machine, the applicable exhaust emission standards for HC + NO_x and CO set out in paragraphs 105(a) and (c) of subpart B of CFR 1054 that are applicable to engines of the same engine class, as described in section 801 of subpart I of CFR 1054, and for the useful life of an engine set out in paragraph 105(d) of subpart B of CFR 1054;

  • (b) for engines that are designed to be used in a handheld machine other than the engines referred to in paragraph (c), the applicable exhaust emission standards for HC + NO_x and CO set out in paragraphs 103(a) and (c) of subpart B of CFR 1054 that are applicable to engines of the same engine class, as described in section 801 of subpart I of CFR 1054, and for the useful life of an engine set out in paragraph 103(d) of subpart B of CFR 1054; and

  • (c) for engines with a total engine displacement greater than 80 cm³ that are designed to be used in a handheld machine but are used in a non-handheld machine, the standards set out in paragraph (a).

• (2) In the case of the engines referred to in paragraphs (1)(a) and (b), if the engines are tested with a fuel that meets the standards of the California Air Resources Board for Phase 3 test fuel found in the California Code of Regulations, Title 13, Division 3, Chapter 5, Article 1, Subarticle 2, Section 2262, the company may choose to apply the CO exhaust emission standards set out in paragraph 145(n)(2) of subpart B of CFR 1054.

• (3) In the case of a two-stroke engine that is designed to be used in a snowblower, the company may choose to apply to that engine the standards referred to in paragraph (1)(b) applicable to an engine of the same total engine displacement instead of those referred to in paragraph (1)(a).

Wintertime Engines

12.6 A company may choose to exempt one or more of its wintertime engines of the 2019 and later model years from the applicable exhaust emission standards for HC + NO_x set out in section 12.5 if it includes a statement to that effect in the evidence of conformity in respect of the engines in question.

Engines with Complete Fuel System

• 12.7 (1) Engines of the 2019 and later model years with a complete fuel system shall conform to the following standards:

  • (a) for engines that are designed to be used in a non-handheld machine for the useful life set out in section 112 of subpart B of CFR 1054,

    • (i) for non-metallic fuel lines, the permeation emission standards set out in paragraph 102(d)(2) of subpart B of CFR 1060,

    • (ii) for non-metallic fuel tanks, the permeation emission standards set out in paragraph 103(b) of subpart B of CFR 1060,

    • (iii) for metal fuel tanks, the standards set out in paragraph 103(f) of subpart B of CFR 1060,

    • (iv) except for a wintertime engine, the running loss emission standards set out in the following paragraphs of subpart B of CFR 1060:

      • (A) paragraph 104(b)(1),

      • (B) paragraph 104(b)(2), or

      • (C) paragraph 104(b)(3), if an approved Executive Order of the California Air Resources Board in respect of the engine’s running loss emissions has been included in the evidence of conformity,

    • (v) at the company’s choice, instead of the standards described in subparagraphs (i) and (ii), the diurnal emission standards set out in paragraph 105(e) of subpart B of CFR 1060, and

    • (vi) the evaporative emission standards set out in paragraphs 101(f)(1) and (3)(i) of subpart B of CFR 1060;

  • (b) for engines that are designed to be used in a handheld machine — other than the engines referred to in paragraph (c) — for the useful life of the engine set out in section 110 of subpart B of CFR 1054,

    • (i) for non-metallic fuel lines, the permeation emission standards set out in paragraph 102(d)(2) of subpart B of CFR 1060,

    • (ii) for non-metallic fuel tanks, the permeation emission standards set out in paragraph 103(b) of subpart B of CFR 1060,

    • (iii) for metal fuel tanks, the standards set out in paragraph 103(f) of subpart B of CFR 1060, and

    • (iv) the evaporative emission standards set out in paragraph 101(f)(3)(i) of subpart B of CFR 1060; and

  • (c) for engines that are designed to be used in a handheld cold weather machine for the useful life set out in section 110 of subpart B of CFR 1054,

    • (i) for non-metallic fuel lines, the permeation emission standards set out in paragraph 102(d)(3) of subpart B of CFR 1060,

    • (ii) for non-metallic fuel tanks, the permeation emission standards set out in paragraph 103(b) of subpart B of CFR 1060,

    • (iii) for metal fuel tanks, the standards set out in paragraph 103(f) of subpart B of CFR 1060, and

    • (iv) the evaporative emission standards set out in paragraph 101(f)(3)(i) of subpart B of CFR 1060.

• (2) For the purposes of paragraph 1(c), a handheld cold weather machine means any of the following handheld machines: a chainsaw, cut-off saw, clearing saw, brush cutter in which an engine with a total engine displacement that is greater than or equal to 40 cm³ is installed, commercial drill, ice auger and earth auger that is also designed to be used as an ice auger.

Bicycle Engines

• 12.8 (1) Bicycle engines of the 2019 and later model years shall conform to the following standards:

  • (a) subject to subsection (1.1), in the case of a bicycle engine with a complete fuel system,

    • (i) the exhaust emission standards for HC + NO_x and CO set out in paragraphs 105(a)(1) and 105(b) set out in subpart B of CFR 1051, and

    • (ii) the permeation emission standards set out in paragraph 110(a) and (b) of that subpart; and

  • (b) in any other case, the standards set out in subparagraph (a)(i).

• (1.1) If a bicycle has a dry weight of less than 20 kg when a bicycle engine with a complete fuel system is installed on it, the bicycle engine may, instead of conforming to the standards referred to in paragraph (1)(a), conform to

  • (a) the exhaust emission standards referred to in paragraph 12.5(1)(b) for an engine that is designed to be used in a handheld machine; and

  • (b) the evaporative emission standards referred to in subparagraph 12.7(1)(b)(iv) for an engine that is designed to be used in a handheld machine.

• (2) Despite paragraph (1)(a), a bicycle engine that has a total engine displacement of 70 cm³ or less may, instead of conforming to the exhaust emission standards referred to in paragraph (1)(a), conform to the exhaust emission standards set out in paragraph 615(b) of subpart G of CFR 1051.

• (3) The standards referred to in subsections (1) and (2) apply for the useful life set out in paragraph 105(c) of subpart B of CFR 1051 as if a bicycle were an off-highway motorcycle referred to in that paragraph.

Replacement Engines

• 13 (1) In 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.

• (2) A replacement engine may conform to, instead of the standards set out in sections 9 to 12.1 and paragraph 12.2(a),

  • (a) 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,

    • (i) the standards referred to in sections 9 to 12.1 and paragraph 12.2(a) applicable to an engine manufactured to the specification of the model year of the replacement engine, or

    • (ii) if none of the standards referred to in sections 9 to 12.1 and paragraph 12.2(a) applies, the manufacturer’s specifications; and

  • (b) in any other case,

    • (i) the standards referred to in sections 9 to 12.1 and paragraph 12.2(a) applicable to the original engine, or

    • (ii) if none of those standards applies, the manufacturer’s specifications.

• (3) A replacement engine shall bear a label that meets the requirements set out in

  • (a) subsections 17.2(3) and (4) and that sets out, in both official languages, that the engine is a replacement engine; or

  • (b) as the case may be,

    • (i) paragraph 1003(b)(5) of subpart K of CFR 90 for engines of a model year before the 2019 model year, or

    • (ii) paragraph 240(b)(5) of subpart C of CFR 1068 for engines of the 2019 and later model years.

Interpretation of Standards

• 13.1 (1) For greater certainty, the standards in these Regulations that refer to the CFR include all of the test procedures, fuels and calculation methods specified for those standards in CFR 90, CFR 1051, CFR 1054 or CFR 1060, as the case may be.

• (2) In the case of a standard set out in the CFR that is to be phased in over a period of time for a class of engine, or fuel line or fuel tank attached to an engine, the standard comes into effect, for the purposes of these Regulations, in the model year for which the CFR specifies that the standard applies to 100% of that class of engine, or fuel line or fuel tank attached to an engine and continues to apply until another standard that applies comes into effect.