Marginal note:Provision to first retail purchaser

• 34. (1) A company must ensure that written instructions respecting emission-related maintenance are provided to the first retail purchaser of every engine, vessel or vehicle.

• Marginal note:Language of instructions

  (2) The instructions must be provided in English, French or both official languages, as requested by that purchaser.

Marginal note:EPA certificates

• 35. (1) For the purposes of paragraph 153(1)(b) of the Act, in the case of an engine or vehicle referred to in paragraph 11(1)(b) and of a vessel or outboard referred to in paragraph 11(1)(c), evidence of conformity in respect of a company consists of

  • (a) a copy of the EPA certificates covering the engine, the vehicle or the fuel lines and fuel tanks installed in the vessel or outboard, as the case may be;

  • (b) a document demonstrating that those engines, vehicles and vessels are sold concurrently in Canada and the United States;

  • (c) a copy of the records submitted to the EPA in support of the application, and any amended application, for the issuance of those EPA certificates; and

  • (d) an emission control information label that is permanently affixed in the form and location set out in

    • (i) sections 135(b) to (f) of subpart B of CFR 1045, for an engine,

    • (ii) sections 135(a) to (e) of subpart B of CFR 1060, for a vessel or, if applicable, an outboard, and

    • (iii) sections 135(b) to (e) of subpart B of CFR 1051, for a vehicle.

• Marginal note:No EPA certificates

  (2) For the purposes of paragraph 153(1)(b) of the Act, in the case of an engine or vehicle, other than one referred to in paragraph 11(1)(b), or of a vessel or outboard, other than one referred to in paragraph 11(1)(c), evidence of conformity must be obtained and produced by the company in a form and manner satisfactory to the Minister.

• Marginal note:When to submit evidence of conformity

  (3) For greater certainty, the company must submit the evidence of conformity referred to in subsection (2) to the Minister before applying a national emissions mark to the engine, vehicle or vessel or importing the engine, vehicle or vessel.

Marginal note:Period

• 36. (1) A company must maintain a record, in writing or in a readily readable electronic or optical form, that contains the following information and retain the record for the following periods:

  • (a) the end of the model year report referred to in section 33, for a period of eight years after the model year in question;

  • (b) the evidence of conformity referred to subsection 35(1) or (2), as the case may be, for a period of eight years

    • (i) after the manufacture of the engine is complete, or

    • (ii) after the main assembly of the vehicle or the vessel;

  • (c) for each model year and for each engine or vehicle of each of its fleets, for a period of eight years after the model year in question,

    • (i) the model and emission family,

    • (ii) the name and civil address of the plant where the engine or vehicle was manufactured,

    • (iii) the engine or vehicle identification number,

    • (iv) the family emission limit to which the engine or vehicle conforms,

    • (v) the name and civil address, or mailing address, of the first retail purchaser of the engine or vehicle in Canada, and

    • (vi) for a company that, under subsection 24(4), excludes from its fleet the engines or vehicles referred to in that subsection, a document that demonstrates that the number of engines or vehicles sold in the United States during a given period that are covered by an EPA certificate exceeds the number of those engines or vehicles sold in Canada during that period that are covered by the same EPA certificate; and

  • (d) for a company referred to in subsection 33(4) that imports less than 100 engines or vehicles for a given model year, the number of engines or vehicles imported, for a period of eight years after the model year in question.

• Marginal note:Records retained on company’s behalf

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

• Marginal note:Deadline to submit records when requested

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

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

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