Marine Spark-Ignition Engine, Vessel and Off-road Recreational Vehicle Emission Regulations (SOR/2011-10)

National Emissions Marks and Labels

Authorization

Marginal note:Application for authorization

• 6 (1) Any company that intends to apply the national emissions mark, which is set out in the schedule, to an engine, vessel or vehicle must make an application to the Minister for an authorization to do so, signed by a person who is authorized to act on the company’s behalf, that contains the following information:

  • (a) the name and street address of the company’s head office and, if different, its mailing address;

  • (b) the class of engine, vessel or vehicle for which the authorization is requested;

  • (c) the street address of the location at which the national emissions mark is to be applied; and

  • (d) information to indicate that the company is capable of verifying compliance with the standards set out in these Regulations.

• Marginal note:Authorization number

  (2) On granting an authorization, the Minister is to assign an authorization number to the company.

• Marginal note:Engines and vehicles — before coming-into-force

  (3) A company that is authorized to apply the national emissions mark may apply it to an engine that is manufactured before the day on which this section comes into force or to a vehicle whose main assembly is completed before the day on which this section comes into force, if

  • (a) the engine or vehicle conforms to the standards set out in these Regulations for engines or vehicles for the 2012 model year; and

  • (b) the company meets the requirements of these Regulations in respect of that engine or vehicle.

Display

Marginal note:National emissions mark

• 7 (1) The national emissions mark must be displayed in a format of at least 7 mm in height and 10 mm in width.

• Marginal note:Authorization number

  (2) The authorization number must be displayed immediately below or to the right of the national emissions mark, in figures that are at least 2 mm in height.

• Marginal note:Location

  (3) The national emissions mark and any label referred to in these Regulations, except for the label referred to in paragraph 35(1)(d), must be located

  • (a) on or immediately next to the emission control information label referred to in paragraph 35(1)(d); or

  • (b) if there is no such label, in a visible or readily accessible location.

• Marginal note:Requirements

  (4) Except for the label referred to in paragraph 35(1)(d), any label required by these Regulations, including the label on which the national emissions mark appears, must

  • (a) be permanently affixed;

  • (b) be resistant to or protected against any weather condition; and

  • (c) bear inscriptions that are legible and indelible and that are indented, embossed or in a colour that contrasts with the background of the label.

Identification Number

Marginal note:Unique identification number

• 8 (1) A unique identification number must be affixed to every engine, vessel or vehicle.

• Marginal note:Location and characteristics of identification number

  (2) The identification number may be engraved or stamped on the engine, vessel or vehicle or may be on a label that meets the requirements of subsections 7(3) and (4).

Standards

Emission Control System

Marginal note:Requirements

• 9 (1) An emission control system that is installed in an engine, vessel or vehicle to enable it to conform to the standards set out in these Regulations must not

  • (a) in its operation, release a substance that causes air pollution and that would not have been released if the system were not installed; or

  • (b) in its operation or malfunction, cause the engine, vessel or vehicle to be unsafe or to endanger persons or property near it.

• Marginal note:Prohibition of defeat devices

  (2) An engine, vessel or vehicle must not be equipped with an auxiliary emission control device that reduces the effectiveness of the emission control system under conditions that may reasonably be expected to be encountered under normal operation of the engine, vessel or vehicle, unless a description of the auxiliary emission control device is included in the evidence of conformity under section 35 and

  • (a) the conditions under which the auxiliary emission control device operates are substantially included in the test procedures referred to in section 23;

  • (b) the auxiliary emission control device is needed to protect the engine, vessel or vehicle against damage or accident; or

  • (c) the auxiliary emission control device is only used to start the engine, vessel or vehicle.

• (3) [Repealed, SOR/2020-258, s. 74]

• (4) [Repealed, SOR/2020-258, s. 74]

Adjustable Parameters

Marginal note:Meaning of adjustable parameter

• 10 (1) In this section, adjustable parameter means a device, system or element of design that is capable of being physically adjusted and can thereby affect emissions during emission testing or normal in-use operation, but does not include a device, system or element of design that is permanently sealed by the manufacturer or that is inaccessible with ordinary tools.

• Marginal note:Requirements

  (2) Subject to subsection (3), an engine, vessel or vehicle that is equipped with adjustable parameters must conform to the applicable standards under these Regulations for any specification within the physically adjustable range.

• Marginal note:Vehicle

  (3) In the case of a vehicle with an adjustable air-fuel ratio parameter, compliance with the applicable standards under these Regulations is required if the range of adjustable air-fuel ratios

  • (a) other than any air-fuel ratio that does not occur during normal in-use operation, is between the lean limit and the rich limit; or

  • (b) is established by the manufacturer based on particular engine parts.

• Marginal note:Lean limit

  (4) The lean limit is the air-fuel ratio that produces the highest engine power output averaged over the applicable test cycle referred to in section 501 of subpart F of CFR 1051.

• Marginal note:Rich limit

  (5) The rich limit is the richest of the following air-fuel ratios:

  • (a) the air-fuel ratio that results from operating the vehicle at applicable test conditions in accordance with the CFR, with the parameters adjusted to the settings that will be used at the time that the vehicle’s main assembly is completed, excluding a vehicle manufactured without jets installed in its carburetted engine;

  • (b) the air-fuel ratio of the engine during durability testing; and

  • (c) the richest air-fuel ratio specified by the manufacturer for the applicable ambient conditions.

• Marginal note:Carburettor jets and needles

  (6) Despite subsection (3), if the range of adjustable air-fuel ratios of a vehicle is defined in terms of carburettor jets and needles, and the criteria in sections 115(d)(3)(ii) to (vi) of subpart B of CFR 1051 are met, the manufacturer’s jetting chart that specifies the appropriate carburettor jet size and needle configuration as a function of the ambient conditions is the range of adjustable air-fuel ratios for which compliance with the applicable standards under these Regulations is required.

Emission Standards

General

Marginal note:Options for conformity

• 11 (1) For a given model year and for a given class referred to in section 5, the engines, other than replacement engines referred to in section 18, vessels and vehicles belonging to that class must

  • (a) conform to the applicable standards set out in sections 13 to 17 and 19 to 22;

  • (b) in the case of an engine or vehicle that is covered by an EPA certificate and is sold concurrently in Canada and the United States, conform to the emission standards or family emission limits referred to in the EPA certificate;

  • (c) in the case of a vessel or outboard that is sold concurrently in Canada and the United States and whose fuel lines or fuel tanks are covered by one or more EPA certificates, conform, in respect of those fuel lines and fuel tanks, to the emission standards or family emission limits referred to in those EPA certificates; or

  • (d) be included in a fleet of a company, established in accordance with section 24, that

    • (i) if it is a fleet of engines, meets the fleet averaging requirements of sections 25 to 27, with the engines conforming

      • (A) in the case of outboards and personal watercraft engines, to the exhaust family emission limit that the company established for the purpose of fleet averaging, which must not exceed the maximum allowable exhaust family emission limit set out in section 103(b) of subpart B of CFR 1045,

      • (B) in the case of conventional inboard engines other than those referred to in clause (C), to the exhaust family emission limit that the company established for the purpose of fleet averaging, which must not exceed the maximum allowable exhaust family emission limit set out in section 105(b) of subpart B of CFR 1045, and

      • (C) in the case of conventional inboard engines to be used in jet boats described by sections 660(a) and (c) of subpart G of CFR 1045, to the exhaust family emission limit that the company established for the purpose of fleet averaging, which must not exceed the maximum allowable exhaust family emission limit set out in section 701(d) of subpart H of CFR 1045, and

    • (ii) if it is a fleet of vehicles, meets the fleet averaging requirements of sections 28 to 31, with the vehicles conforming

      • (A) in the case of snowmobiles, to the family emission limit that the company established for the purpose of fleet averaging, which must not exceed the maximum allowable family emission limit set out in section 103(a) of subpart B of CFR 1051,

      • (B) in the case of off-road motorcycles, to the family emission limit that the company established for the purpose of fleet averaging, which must not exceed the maximum allowable family emission limit set out in section 105(a)(1) of subpart B or section 615(b) of subpart G of CFR 1051, and

      • (C) in the case of all-terrain vehicles and utility vehicles, to the family emission limit that the company established for the purpose of fleet averaging, which must not exceed the maximum allowable family emission limit set out in section 107(a) or 145(b) of subpart B or section 615(a) of subpart G of CFR 1051.

• Marginal note:Fleet averaging exceptions — sections 28 to 31

  (2) Despite subparagraph (1)(d)(ii), a company must not conform to the CO exhaust emission standards set out in the provision of the CFR that is referred to in subsection 21(2), paragraph 22(1)(a) and subsection 22(2) by meeting the fleet averaging requirements referred to in sections 28 to 31.

EPA Certificates

Marginal note:Subsection 153(3) of Act

• 12 (1) For the purposes of subsection 153(3) of the Act, the provisions of the CFR that are applicable under an EPA certificate to engines or vehicles referred to in paragraph 11(1)(b), or to fuel lines and fuel tanks installed in vessels or outboards referred to in paragraph 11(1)(c), correspond to the emission standards referred to in paragraph 11(1)(a).

• Marginal note:EPA is prescribed agency

  (2) For the purposes of subsection 153(3) of the Act, the EPA is the prescribed agency.

Engines

Marginal note:Outboard and personal watercraft engines

• 13 (1) The following standards set out in subpart B of CFR 1045 apply to outboards and personal watercraft engines for the 2012 and subsequent model years:

  • (a) the applicable exhaust emission standards for HC + NO_x and CO set out in sections 103(a) and (d);

  • (b) the not-to-exceed exhaust emission standards set out in section 107; and

  • (c) the crankcase emission standard set out in section 115(a).

• Marginal note:Useful life

  (2) Those standards apply for the applicable useful life of outboards and personal watercraft engines as set out in section 103(e) of subpart B of CFR 1045.

Marginal note:Conventional inboard engines

• 14 (1) The following standards set out in subpart B of CFR 1045 apply to conventional inboard engines for the 2012 and subsequent model years:

  • (a) the applicable exhaust emission standards for HC + NO_x and CO set out in sections 105(a)(1) and (2) and 105(d);

  • (b) the not-to-exceed exhaust emission standards set in section 107; and

  • (c) the crankcase emission standards set out in section 115(a).

• Marginal note:Useful life

  (2) Those standards apply for the applicable useful life of the engines as set out in section 105(e) of subpart B of CFR 1045.

• Marginal note:Jet boats

  (3) For a jet boat engine described in sections 660(a) and (c) of subpart G of CFR 1045, the standards apply for the useful life of the engine as set out in section 660(e) of subpart G of CFR 1045.

Marginal note:High-performance inboard engines

• 15 (1) The following standards set out in subpart B of CFR 1045 apply to high-performance inboard engines for the 2013 and subsequent model years:

  • (a) the applicable exhaust emission standards for HC + NO_x and CO set out in sections 105(a)(1) and (3) and 105(d); and

  • (b) the crankcase emission standard set out in section 115(a).

• Marginal note:Useful life

  (2) Those standards apply for the applicable useful life of the engines as set out in section 105(e) of subpart B of CFR 1045.

Marginal note:Engines equipped with three-way catalysts

16 An engine equipped with three-way catalysts and closed-loop control of air-fuel ratios must be equipped with a diagnostic system that conforms to the applicable standards set out in section 110 of subpart B of CFR 1045.

Marginal note:Electronically controlled engines

17 Electronically controlled engines of the 2013 and subsequent model years must be equipped with a torque broadcasting system that meets the requirements of sections 115(b) and (c) of subpart B of CFR 1045.

Marginal note:Meaning of replacement engine

• 18 (1) In this section, replacement engine means an engine manufactured exclusively to replace an engine used to propel a vessel if no current model year engine exists that has the characteristics necessary for the propulsion of the vessel.

• Marginal note:Standards for replacement engines

  (2) A replacement engine may, instead of conforming to the applicable standards set out in sections 13 to 17, conform to

  • (a) in the case that the replacement engine is manufactured to the specifications for a model year later than the model year of the original engine,

    • (i) the standards referred to in sections 13 to 17 that were applicable to an engine manufactured to the specification for the model year of the replacement engine, or

    • (ii) the manufacturer’s specifications, if no standard referred to in sections 13 to 17 applies; and

  • (b) in any other case,

    • (i) the standards referred to in sections 13 to 17 that are applicable to the original engine, or

    • (ii) the manufacturer’s specifications, if no standard referred to in sections 13 to 17 applies.

• Marginal note:Label

  (3) A replacement engine must bear a label that meets the requirements set out in

  • (a) subsections 7(3) and (4) and that indicates, in both official languages, that the engine is a replacement engine; or

  • (b) section 240(b)(5) of CFR 1068.