Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations (SOR/2010-201)

Marginal note:Format for submission

34 Any report to be submitted under these Regulations must be submitted electronically in the format provided by the Minister, but the report must be submitted in writing if

• (a) no such format is provided; or

• (b) it is, owing to circumstances beyond the control of the person required to submit the report, impracticable to submit the report electronically in the format provided.

Declaration

Marginal note:Declaration — subsection 14(1) or paragraph 14(1.1)(d)

• 35 (1) For the purposes of subsection 14(1) or paragraph 14(1.1)(d), a company must submit a declaration to the Minister, signed by a person who is authorized to act on behalf of the company, no later than May 1 of the calendar year that corresponds to the model year in respect of which the company does not wish to be subject to sections 13 and 17 to 20, and must specify in the declaration the total number of passenger automobiles and light trucks manufactured or imported for sale in Canada for each model year in question.

• Marginal note:Declaration — paragraphs 14(1.1)(a) to (c)

  (2) For the purposes of paragraphs 14(1.1)(a) to (c), a company must submit a declaration to the Minister, signed by a person who is authorized to act on behalf of the company, no later than May 1 of the calendar year that corresponds to two, three or four model years, as the case may be, following the first model year for which the company manufactures or imports passenger automobiles or light trucks for sale in Canada, and must specify in the declaration the total number of passenger automobiles and light trucks manufactured or imported for sale in Canada for the model year in question.

Records

Evidence of Conformity

Marginal note:Evidence of conformity

• 36 (1) In the case of a vehicle that is covered by an EPA certificate and that is either sold concurrently in Canada and the United States or has a national emissions mark applied to it, evidence of conformity for the purpose of paragraph 153(1)(b) of the Act in respect of a company must consist of

  • (a) a copy of the EPA certificate covering the vehicle;

  • (b) one or both of the following:

    • (i) a document demonstrating that the vehicles covered by the EPA certificate are sold concurrently in Canada and the United States,

    • (ii) a document demonstrating that the vehicle covered by the EPA certificate bears the national emissions mark;

  • (c) a copy of the records submitted to the EPA in support of the application for the EPA certificate in respect of the vehicle and any application for an amendment to that EPA certificate and any records submitted to the EPA to maintain that EPA certificate; and

  • (d) a U.S. emission control information label that is permanently affixed to the vehicle in the form and location set out in section 1807 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, for the applicable model year.

• Marginal note:U.S. control information label

  (2) For the purpose of subsection (1), the U.S. emission control information label may be permanently affixed to the vehicle in any other form and location that may be specified in Title 40, chapter I, subchapter C, part 86, of the CFR.

Marginal note:Vehicles not sold in the United States

• 37 (1) For the purpose of paragraph 153(1)(b) of the Act, a company must obtain and produce evidence of conformity for a vehicle other than one referred to in subsection 36(1) in a form and manner satisfactory to the Minister, instead of as specified in that subsection.

• Marginal note:Time of submission

  (2) For greater certainty, a company must submit the evidence of conformity to the Minister before importing a vehicle or applying a national emissions mark to it.

Marginal note:Subsection 153(2) of the Act

38 For greater certainty, a company that imports a vehicle or applies a national emissions mark to it under subsection 153(2) of the Act is not required to provide the Minister with the evidence of conformity referred to in subsection 37(1) before importing it or applying a national emissions mark to it, but must provide that evidence in accordance with subsection 153(2) of the Act before the vehicle leaves the possession or control of the company and before it is presented for registration under the laws of a province or an aboriginal government.

Fleet Average Records

Marginal note:Records — fleets

• 39 (1) A company must maintain records containing the following information for each of its fleets:

  • (a) the model year;

  • (b) the applicable fleet average CO₂ equivalent emission standard;

  • (c) the fleet average CO₂ equivalent emission value;

  • (d) the values and data used in calculating the fleet average CO₂ equivalent emission value, including information relating to the calculation of allowances;

  • (e) if applicable, a copy of the clarifications or additional information referred to in subsection 19(1); and

  • (f) the values used to calculate the CO₂ emission credits, the credits obtained in respect of a temporary optional fleet and the early action credits.

• Marginal note:Records — vehicles

  (2) A company must maintain records containing the following information for each vehicle in the fleet referred to in subsection (1):

  • (a) the model type and model year;

  • (b) the applicable fleet average CO₂ equivalent emission standard;

  • (c) in the case of a vehicle covered by an EPA certificate, the applicable test group identified in the application for the EPA certificate;

  • (d) the name and street address of the plant where the vehicle was assembled;

  • (e) the vehicle identification number;

  • (f) the applicable carbon-related exhaust emission value and the values and data used in calculating that value;

  • (f.1) in the case of a full-size pick-up truck in respect of which an allowance is calculated in accordance with subsection 18.4(1) for the use of a mild or strong hybrid electric technology, a description of the hybrid electric technology; and

  • (g) the name and street or mailing address of the first purchaser of the vehicle in Canada.

Maintenance and Submission of Records

Marginal note:Maintenance of records

• 40 (1) A company must maintain, for vehicles of each model year, in writing or in a readily readable electronic or optical form,

  • (a) for a period of at least eight years after the end of the calendar year that corresponds to the model year in question, a copy of the reports referred to in sections 31 to 33;

  • (b) for a period of at least eight years after the date on which the main assembly of the vehicle was completed, the evidence of conformity referred to in section 36; and

  • (c) for a period of at least eight years after the end of the calendar year that corresponds to the model year in question, the records referred to in section 39.

• Marginal note:Records maintained on behalf of a company

  (2) If the evidence of conformity, the records and the copy of reports referred to in subsection (1) are maintained on behalf of a company, the company must keep a record of the name and street address and, if different, the mailing address of the person who maintains those records.

• Marginal note:Written request for records

  (3) If the Minister makes a written request for the evidence of conformity or the records referred to in subsections (1) and (2), or a summary of any of them, the company must provide the Minister with the requested information, in either official language, within

  • (a) 40 days after the request is delivered to the company; or

  • (b) if the evidence of conformity or records referred to in section 36 or 37 must be translated from a language other than French or English, 60 days after the request is delivered to the company.

Information Regarding Suspension or Revocation of EPA Certificate

Marginal note:Information to be submitted

40.1 If an EPA certificate referred to in section 12 is suspended or revoked, the company must submit the following information to the Minister within 60 days after the day on which the certificate is suspended or revoked:

• (a) its name, address and telephone number;

• (b) a copy of the EPA certificate that was suspended or revoked;

• (c) a copy of the EPA decision to suspend or revoke the certificate; and

• (d) the make, model and model year of the vehicles that are covered by the EPA certificate.

Importation Document

Marginal note:Importation for exhibition, demonstration, evaluation or testing

41 The declaration referred to in paragraph 155(1)(a) of the Act must be made in accordance with section 41 of the On-Road Vehicle and Engine Emission Regulations.

Rental Rate

Marginal note:Rental rate

42 The annual rental rate to be paid to a company by the Minister under subsection 159(1) of the Act, prorated on a daily basis for each day that a vehicle is made available, is the rate prescribed in section 43 of the On-Road Vehicle and Engine Emission Regulations.

Application for Exemption

Marginal note:Application

43 A company applying under section 156 of the Act for an exemption from conformity with any standard specified under these Regulations must submit in writing to the Minister the information set out in section 44 of the On-Road Vehicle and Engine Emission Regulations.

Defect Information

Marginal note:Notice of defect

• 44 (1) The notice of defect referred to in subsections 157(1) and (4) of the Act must be given in writing and must contain the information set out in subsection 45(1) of the On-Road Vehicle and Engine Emission Regulations.

• Marginal note:Reports

  (2) In respect of a notice of defect issued under these Regulations, a company must comply with subsections 45(1.1) to (3) of the On-Road Vehicle and Engine Emission Regulations.

• Marginal note:Applicable standard

  (3) For the application of section 157 of the Act, the prescribed standard that applies to a vehicle is the product of 1.1 multiplied by the carbon-related exhaust emission value for the model type in question, calculated in accordance with subsection 18.1(2), or by the equivalent value in the case of a model type of the 2011 model year.

• Marginal note:Applicable standard — subconfiguration

  (4) For the purposes of subsection (3), if the carbon-related exhaust emission value for a subconfiguration of the model type in question was used in the calculation under subsection 18.1(2), the prescribed standard that applies to a vehicle is the product of 1.1 multiplied by the carbon-related exhaust emission value for that subconfiguration.

Coming into Force

Marginal note:Registration

45 These Regulations come into force on the day on which they are registered.