Off-Road Compression-Ignition Engine Emission Regulations (SOR/2005-32)

Regulations are current to 2014-10-27 and last amended on 2012-01-16. Previous Versions

 For greater certainty, a company that imports an engine or applies a national emissions mark to it under subsection 153(2) of the Act is not required to submit the evidence of conformity referred to in subsection 17(1) to the Minister before importing it or applying a national emissions mark to it, but shall submit that evidence in accordance with subsection 153(2) of the Act before the engine leaves the possession or control of the company.

  • SOR/2011-261, s. 19.

Maintenance, Retention and Submission of Records

  •  (1) A company shall maintain records, in writing or in a readily readable electronic or optical form, that contain the following documents and retain the records for the following periods:

    • (a) a copy of the annual report referred to in section 13.1, for a period of eight years following the end of the calendar year in question; and

    • (b) the evidence of conformity referred to in section 16 or 17, as the case may be, for a period of eight years following

      • (i) if the engine is imported, the date of import, or

      • (ii) in any other case, the end of the calendar year that corresponds to the model year of the engine.

  • (2) If the records referred to in subsection (1) are retained on a company’s behalf, the company shall keep a record of the name and street address and, if different, the mailing address of the person who retains those records.

  • (3) If the Minister makes a written request to the company for a record referred to in subsection (1) or (2), the company shall submit it to the Minister in either official language

    • (a) within 40 days after the day on which the request is made; or

    • (b) within 60 days after the day on which the request is made, if the record must be translated from a language other than English or French.

  • SOR/2011-261, s. 19.

IMPORTATION REQUIREMENTS AND DOCUMENTS

  •  (1) Subject to subsections (1.1) and (2) and for the purposes of paragraph 153(1)(b) of the Act, any person importing an engine into Canada shall, before the importation, submit a declaration to the Minister, signed by that person or their duly authorized representative, that contains the following information:

    • (a) the name and street address and, if different, the mailing address of the importer;

    • (b) in respect of an engine that is not installed in or on a machine, the name of the manufacturer and the make, model and model year of the engine;

    • (c) in respect of a machine, the name of the manufacturer and the make, model and type of the machine, as well as the name of the manufacturer and the make, model and model year of the engine that is installed in or on the machine;

    • (d) the expected date of importation;

    • (e) in the case of a company,

      • (i) the business number assigned to the company by the Minister of National Revenue, and

      • (ii) a statement that the engine bears the national emissions mark, or that the company is either able to produce the evidence of conformity referred to in section 16 or complies with section 17; and

    • (f) in the case of a person that is not a company,

      • (i) a statement from the person that the engine bears

        • (A) the national emissions mark,

        • (B) the emission control 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,

        • (C) a label showing that the engine conformed to the emission standards of the California Air Resources Board in effect at the time of its manufacture, or

        • (D) the label referred to in section 10.1 showing that the engine conformed to these Regulations at the time of its manufacture, or

      • (ii) a statement from the manufacturer or its duly authorized representative that the engine conformed to the standards set out in these Regulations, or to the standards referred to in clause (i)(B) or (C), at the time of its manufacture.

  • (1.1) A person who is not a company and who imports five engines or less per calendar year is exempt from the obligation to submit to the Minister the declaration referred to in subsection (1).

  • (2) For the purposes of paragraph 153(1)(b) of the Act, any company that imports 50 or more engines into Canada in a calendar year may provide the information referred to in subsection (1) in another form and manner that is satisfactory to the Minister.

  • SOR/2011-261, s. 20.