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

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).

Rental Rate

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.

Exemption

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.

Marginal note:Label for exempt engines and vehicles

• 42 (1) If the Governor in Council has, by order, granted an exemption under section 156 of the Act in respect of a model of an engine, vessel or vehicle, all engines, vessels or vehicles of that model must bear a label that meets the requirements set out in subsections 7(3) and (4).

• Marginal note:Contents of label

  (2) That label must set out, in both official languages, the standard for which the exemption has been granted, as well as the title and date of the exemption order.

Defect Information

Marginal note:Contents of notice of defect

• 43 (1) The notice of defect referred to in subsections 157(1) and (4) of the Act must be given in writing and must contain the following information:

  • (a) the name of the company giving the notice;

  • (b) the description of each engine, vessel or vehicle in respect of which the notice is given, including the make, model, identification number, model year, period of production and, if applicable, the EPA emission families;

  • (c) the estimated percentage of the potentially affected engines, vessels or vehicles that contain the defect;

  • (d) a description of the defect;

  • (e) an evaluation of the pollution risk arising from the defect;

  • (f) a statement of the measures to be taken to correct the defect; and

  • (g) a description of the means available to the company to contact the current owner of each affected engine, vessel or vehicle.

• Marginal note:Contents of initial report

  (2) A company must, within 60 days after the day on which a notice of defect is given, submit to the Minister the initial report referred to in subsection 157(7) of the Act that contains the following information:

  • (a) the information required by subsection (1);

  • (b) the number of engines, vessels or vehicles in relation to which the notice of defect has been given;

  • (c) a chronology of all principal events that led to the determination of the existence of the defect;

  • (d) a description of the measures taken to correct the defect; and

  • (e) copies of all notices, bulletins and other circulars published by the company in respect of the defect, including a detailed description of the nature and physical location of the defect with diagrams and other illustrations if necessary.

• Marginal note:Contents of follow-up reports

  (3) The company that gave the notice of defect must submit subsequent regular reports respecting the defect and the measures taken to correct it to the Minister, each of which must contain the following information:

  • (a) the number, title or other identification assigned by the company to the notice of defect;

  • (b) the number of engines, vessels or vehicles in relation to which the notice of defect has been given;

  • (c) the date that notices of defect were given to the current owners of the affected engines, vessels or vehicles; and

  • (d) the number or percentage of engines, vessels or vehicles repaired, and that required inspection only.

• Marginal note:Frequency of follow-up reports

  (4) Each subsequent regular report must be submitted

  • (a) for engines, within 12 months after the submission of the initial report or a prior subsequent regular report, as the case may be; and

  • (b) for vessels and vehicles, within six months after the submission of the initial report or a prior subsequent regular report, as the case may be.

Coming into Force

Marginal note:60 days after registration

• 44 (1) Subject to subsection (2), these Regulations come into force 60 days after the day on which these Regulations are registered.

• Marginal note:Registration

  (2) Sections 1, 2, and 5 and subsections 6(1) and (2) come into force on the day on which these Regulations are registered.