Marginal note:Acquisition or merger
32. (1) A company that acquires another company or that results from the merger of companies is responsible for offsetting any outstanding deficits of the acquired or merged companies.
Marginal note:Ceasing activities
(2) If a company ceases to manufacture, import or sell engines or vehicles, it must, before submitting its last end of model year report, offset any outstanding deficits for its fleets.
Marginal note:Model year reports
33. (1) A company must submit to the Minister an end of model year report, signed by a person who is authorized to act on the company’s behalf, no later than June 1 of the calendar year after the model year for which in the report is made.
Marginal note:Choice of option for conformity
(2) The end of model year report must indicate the model year for which the report is made and include a statement that
(a) all of its engines, vessels or vehicles of a given class for the model year in question conform, as the case may be, to one of paragraphs 11(1)(a) to (c), along with an indication as to which one of those paragraphs they conform to; or
(b) all of its engines or vehicles, other than those of a class referred to in paragraph (a), are grouped into one or more fleets that conform to paragraph 11(1)(d), along with an indication of which fleets they are grouped into and whether, for each of those fleets, any of those engines or vehicles were excluded under subsection 24(4).
Marginal note:Contents of report — fleets
(3) The end of model year report must contain the following information for each fleet that conforms under paragraph 11(1)(d):
(a) the applicable standards;
(b) for each emission type, other than an emission type for which the company has made an election under subsection 25(4) or 28(3), as the case may be,
(i) for a fleet of engines and for that emission type,
(A) the sum determined under subsection 26(1) and each of the family emission credits or deficits for each emission family used to determine that sum, and
(B) for each model of engine in each of those emission families, the value of each of the elements referred to in the formula set out in subsection 26(2), and
(ii) for a fleet of vehicles and for that emission type,
(A) the fleet average emission value determined in accordance with section 29,
(B) for each model of vehicle in each of the emission families used to determine that fleet average emission value, the value of each of the elements referred to in the formula set out in section 29, and
(C) the number determined in accordance with the formula set out in subsection 30(3);
(c) the number of engines or vehicles in the fleet;
(d) the number of fleet average emission credits transferred to the company from another company or transferred by the company to another company since the previous end of model year report was submitted, along with the following information:
(i) the name, civic address and, if different, the mailing address of the other company, and
(ii) a signed statement from a person who is authorized to act on the other company’s behalf indicating the number of credits transferred to or from the company submitting the report, the type of fleet and emission type in respect of which those credits are transferred, the units in which the family emission limit is expressed in respect of those credits, the model years in which the credits are transferred and the dates of the transfer;
(e) the number of fleet average emission credits to be banked at the end of the model year;
(f) if applicable, the number of fleet average emission deficits in relation to the 2012 model year to be offset under paragraph 27(3)(a) or 31(4)(a) or (b); and
(g) for any election that the company has made under subsection 25(4) or 28(3), a statement indicating for which emission type the election was made.
Marginal note:Engines or vehicles that conform to paragraph 11(1)(b)
(4) If every engine or vehicle within a given class, as the case may be, conforms to paragraph 11(1)(b) for a given model year and the end of model year report for that model year contains the statement set out in paragraph (2)(a), the company must include in that report the information referred to in paragraphs (3)(b) and (c) as if those engines or vehicles were a fleet. However, that information is not required to be included in that report if the company imports less than 100 engines or vehicles, as the case may be, for that model year.
Marginal note:Additional information for excluded engines and vehicles
(5) If the engines or vehicles are excluded from a fleet under subsection 24(4) for a given model year, the company must also include in the end of model year report for that model year the information referred to in paragraphs (3)(b) and (c) separately as if those engines or vehicles were included in the fleet.
Marginal note:Manufactured before the coming into force date
(6) If the main assembly of every vehicle, or the manufacture of every engine, for the 2012 model year is completed before the coming into force of this section, the company may, instead of complying with subsections (2) to (5), include a statement to that effect in the end of model year report for the 2012 model year.
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