Marine Spark-Ignition Engine, Vessel and Off-Road Recreational Vehicle Emission Regulations

SOR/2011-10

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 2011-02-04

Marine Spark-Ignition Engine, Vessel and Off-Road Recreational Vehicle Emission Regulations

P.C. 2011-45 2011-02-03

Whereas, pursuant to subsection 332(1)Footnote a of the Canadian Environmental Protection Act, 1999Footnote b, the Minister of the Environment published in the Canada Gazette, Part I, on December 30, 2006, a copy of the proposed Marine Spark-Ignition Engine and Off-Road Recreational Vehicle Emission Regulations, as they were then entitled, and persons were given an opportunity to file comments with respect to the proposed Regulations or a notice of objection requesting that a board of review be established and stating the reasons for the objection;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to sections 160, 162 and 319 of the Canadian Environmental Protection Act, 1999Footnote b, hereby makes the annexed Marine Spark-ignition Engine, Vessel and Off-road Recreational Vehicle Emission Regulations.

INTERPRETATION

Marginal note:Definitions
  •  (1) The following definitions apply in these Regulations.

    “Act”

    « Loi »

    “Act” means the Canadian Environmental Protection Act, 1999.

    “all-terrain vehicle”

    « véhicule tout terrain »

    “all-terrain vehicle” means a land-based or amphibious vehicle, other than a utility vehicle, that

    • (a) is designed to travel on three or four low-pressure tires, is equipped with a seat designed to be straddled and with handlebars for steering, and is designed to be used by a single operator and no passengers; or

    • (b) has three or more wheels and one or more seats, is designed for operation over rough terrain, is designed for transportation and has a maximum vehicle speed of at least 40 km/h.

    “CFR”

    « CFR »

    “CFR” means Title 40, chapter I of the Code of Federal Regulations of the United States.

    “CFR 1045”

    « CFR 1045 »

    “CFR 1045” means subchapter U, part 1045, of the CFR.

    “CFR 1051”

    « CFR 1051 »

    “CFR 1051” means subchapter U, part 1051, of the CFR.

    “CFR 1060”

    « CFR 1060 »

    “CFR 1060” means subchapter U, part 1060, of the CFR.

    “CFR 1068”

    « CFR 1068 »

    “CFR 1068” means subchapter U, part 1068, of the CFR.

    “conventional inboard engine”

    « moteur en-bord conventionnel »

    “conventional inboard engine” means an inboard engine that is rated at 373 kW at most.

    “crankcase emissions”

    « émissions du carter »

    “crankcase emissions” means substances that cause air pollution and that are emitted into the atmosphere from any portion of the crankcase ventilation or lubrication systems of an engine or a vehicle’s engine.

    “diurnal emissions”

    « émissions diurnes »

    “diurnal emissions” means evaporative emissions that occur as a result of venting fuel tank vapours during daily temperature changes while the engine is not operating.

    “element of design”

    « élément de conception »

    “element of design” means, in respect of an engine, vessel or vehicle

    • (a) any control system, including computer software, electronic control systems and computer logic;

    • (b) any control system calibrations;

    • (c) the results of systems interaction; or

    • (d) any hardware items.

    “emission control system”

    « système antipollution »

    “emission control system” means any device, system or element of design that controls or reduces the emissions from an engine, vessel or vehicle.

    “emission family”

    « famille d’émissions »

    “emission family” means

    • (a) in respect of the engines or vehicles of a company, or the fuel lines or fuel tanks installed in outboards or vessels of a company, that are covered by an EPA certificate, the classification units for which the EPA certificate was issued; and

    • (b) in respect of any other engine or vehicle of a company, or other fuel line or fuel tank installed in outboards or vessels of a company, the classification units determined in accordance with

      • (i) in the case of engines, section 230 of subpart C of CFR 1045,

      • (ii) in the case of vehicles, section 230 of subpart C of CFR 1051, and

      • (iii) in the case of fuel lines or fuel tanks installed in outboards or vessels, section 230 of subpart C of CFR 1060.

    “engine”

    « moteur »

    “engine” means a marine spark-ignition engine of a class prescribed under subsection 5(1) that is used or capable of being used to propel a vessel.

    “EPA”

    « EPA »

    “EPA” means the United States Environmental Protection Agency.

    “EPA certificate”

    « certificat de l’EPA »

    “EPA certificate” means a certificate of conformity with United States federal standards issued by the EPA.

    “evaporative emissions”

    « émissions de gaz d’évaporation »

    “evaporative emissions” means hydrocarbons emitted into the atmosphere from an outboard, vessel or vehicle, other than exhaust emissions and crankcase emissions.

    “exhaust emissions”

    « émissions de gaz d’échappement »

    “exhaust emissions” means substances emitted into the atmosphere from any opening downstream from the exhaust port of an engine or vehicle’s engine.

    “family emission limit”

    « limite d’émissions de la famille »

    “family emission limit” means the maximum emission level established by a company for an emission family for the purpose of fleet averaging.

    “fuel line”

    « conduite d’alimentation en carburant »

    “fuel line” means non-metallic hose, tubing, and primer bulbs containing or exposed to liquid fuel, including hose or tubing that transports fuel to or from an engine or a vehicle’s engine that includes

    • (a) flexible molded sections for transporting liquid fuel to or from that engine, but does not include inflexible components for connecting hose or tubing; and

    • (b) hose or tubing for the vent line or filler neck if fuel systems are designed such that any portion of the vent-line or filler-neck material continues to be exposed to liquid fuel after completion of a refueling event in which an operator fills the fuel tank using typical methods.

    A fuel line does not include a primer bulb that contains liquid fuel only when priming an engine or a vehicle’s engine before starting that engine and a fuel line that is designed to connect a portable fuel tank to an engine.

    “fuel tank”

    « réservoir de carburant »

    “fuel tank” means a fuel tank that is not metallic and not portable.

    “high-performance inboard engine”

    « moteur en-bord à haute performance »

    “high-performance inboard engine” means an inboard engine that is rated at more than 373 kW and design features to enhance power output such that the expected operating time until rebuild is less than 480 hours.

    “inboard engine”

    « moteur en-bord »

    “inboard engine”, in relation to a vessel, includes a sterndrive, also known as an inboard/outboard engine, and a jet boat engine, but does not include a personal watercraft engine.

    “jet boat”

    « bateau à propulsion hydraulique »

    “jet boat” means a vessel in which an internal combustion engine is installed that powers a water-jet pump as the vessel’s primary source of propulsion and is designed with an open area for carrying passengers.

    “model year”

    « année de modèle »

    “model year” means the year, as determined under section 4, that is used by a manufacturer to designate a model of engine, vessel or vehicle.

    “off-road motorcycle”

    « motocyclette hors route »

    “off-road motorcycle” means a two-wheeled vehicle that is equipped with a seat.

    “permeation emissions”

    « émissions par perméation »

    “permeation emissions” means evaporative emissions resulting from the permeation of fuel through fuel line or fuel tank materials.

    “personal watercraft”

    « motomarine »

    “personal watercraft” means a vessel with an enclosed hull of less than 4 m in length that uses an internal combustion engine powering a water-jet pump as its primary source of propulsion and is designed to be used by one or more persons while sitting, standing or kneeling.

    “snowmobile”

    « motoneige »

    “snowmobile” means a vehicle, including a vehicle that can be converted into a snowmobile, that has a maximum width of 1.5 m and is designed primarily for travel on snow.

    “utility vehicle”

    « véhicule utilitaire »

    “utility vehicle” means a vehicle that is designed for operation over rough terrain and

    • (a) has at least four wheels and seating for at least two persons;

    • (b) has an engine displacement of at most 1000 cm3, a maximum engine brake power of at most 30 kW and a maximum vehicle speed of at least 40 km/h; and

    • (c) has either a rear payload of at least 159 kg or seating for at least six passengers.

    “vehicle”

    « véhicule »

    “vehicle” means an off-road recreational vehicle that is of a class prescribed under subsection 5(3).

    “vessel”

    « bâtiment »

    “vessel” means a vessel that is of the class prescribed under subsection 5(2).

  • Marginal note:Incorporation by reference

    (2) Standards that are incorporated by reference in these Regulations from the CFR are those expressly set out in the CFR, as amended from time to time, and must be read as excluding

    • (a) references to the EPA or the EPA’s Administrator exercising discretion in any way;

    • (b) alternative standards related to the averaging, banking and trading of emission credits, to small-volume manufacturers or to financial hardship; and

    • (c) standards or evidence of conformity of any authority other than the EPA.