Marginal note:Declaration — paragraph 155(1)(a) of Act

• 38. (1) A declaration referred to in paragraph 155(1)(a) of the Act must be signed by the importer, or their duly authorized representative, and must contain

  • (a) the information described in paragraphs 37(1)(a) to (c) and subparagraph 37(1)(d)(i);

  • (b) the identification number, if any, of the engine, vessel or vehicle being imported;

  • (c) a statement that the engine, vessel or vehicle is to be used in Canada solely for the purposes of exhibition, demonstration, evaluation or testing; and

  • (d) the day on which the engine, vessel or vehicle is to be removed from Canada or destroyed.

• Marginal note:When to file declaration

  (2) The declaration must be submitted to the Minister before the engine, vessel or vehicle is imported or, in the case of a company whose world production of engines, vessels and vehicles, combined, is at least 2,500 a year, quarterly, at the company’s option.

Marginal note:Subsection 153(2) of Act

39. A company that imports an engine, vessel or vehicle in reliance on subsection 153(2) of the Act must, before the importation, submit a declaration to the Minister, signed by its duly authorized representative, that contains the information described in paragraphs 37(1)(a) to (c) and subparagraph 37(1)(d)(i) along with

• (a) a statement from the manufacturer of the engine, vessel or vehicle that when the engine, or the main assembly of the vessel or the vehicle, is completed in accordance with instructions provided by the manufacturer, the engine, vessel or vehicle will conform to the standards prescribed under these Regulations; and

• (b) a statement from the company that the manufacture of the engine, or the completion of the main assembly of the vessel or vehicle, will be completed in accordance with the instructions referred to in paragraph (a).

Marginal note:Annual — 21%

40. 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 an engine, vessel or vehicle is made available, is 21% of the manufacturer’s suggested retail price of the engine, vessel or vehicle.

Marginal note:Application

41. A company applying under section 156 of the Act for an exemption from conformity with any standard set out in these Regulations must, before manufacturing or importing an engine, vessel or vehicle, submit the following information, in writing, to the Minister

• (a) its name and civic address and, if different, its mailing address;

• (b) the province or country under the laws of which it is established;

• (c) the section number, title and text of the standards from which an exemption is sought;

• (d) the duration requested for the exemption;

• (e) the estimated number of engines, vessels or vehicles for which the exemption is sought and an estimate of the changes in the level of emissions if the exemption is granted;

• (f) the grounds, based on any of paragraphs 156(1)(a) to (c) for the application, including technical and financial information that supports, in detail, those grounds;

• (g) if the grounds of the application is substantial financial hardship,

  • (i) the world production of engines, vessels or vehicles manufactured by the company, or by the manufacturer of the model of the engine, vessel or vehicle that is the subject of the application, in the 12-month period that begins two years before the beginning of the exemption period that is requested, and

  • (ii) the number of engines, vessels or vehicles manufactured for, or imported into, the Canadian market by the company in that 12-month period; and

• (h) if the company is requesting that information submitted be treated as confidential under section 313 of the Act, the reasons for the request.