Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations (SOR/2013-24)

Engines Sold Concurrently

Marginal note:Evidence of number of engines sold

57 If subsection 13(7.1) or (8) applies in respect of a company’s heavy-duty engines, the company must maintain records demonstrating the number of heavy-duty engines sold in the United States that are of the same engine family.

Vocational Tractors

Marginal note:Vocational tractor

58 For the purposes of section 28, in the case of a tractor that conforms to the emission standards applicable to vocational vehicles instead of those applicable to tractors, the company must maintain records demonstrating that the tractor is a vocational tractor.

Maintenance and Submission of Records

Marginal note:Maintenance of records

• 59 (1) For heavy-duty vehicles, heavy-duty engines and trailers, a company must maintain in writing or in a readily readable electronic or optical form for each model year

  • (a) a copy of the reports referred to in sections 48 and 49 for a period of at least eight years after the end of the calendar year that corresponds to the model year;

  • (b) the evidence of conformity and records referred to in sections 53 and 54 for a period of at least eight years after the day on which the main assembly of the vehicle or manufacture of the engine or the trailer was completed;

  • (c) the records referred to in sections 56 and 57 for a period of at least eight years after the end of the calendar year that corresponds to the model year; and

  • (d) the records referred to in section 58 for a period of at least three years after the end of the calendar year that corresponds to the model year.

• Marginal note:Records maintained on behalf of company

  (2) If the copy of the reports, the evidence of conformity and the records referred to in subsection (1) are maintained on behalf of a company, the company must keep a record of the name, street address and, if different, the mailing address of the person who maintains those records.

• Marginal note:Time limits

  (3) If the Minister makes a written request for the evidence of conformity or the records referred to in subsections (1) and (2), or a summary of any of them, the company must provide the Minister with the requested information, in either official language, within

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

  • (b) if the evidence of conformity or records referred to in section 53 or 54 must be translated from a language other than French or English, 60 days after the day on which the request is delivered to the company.

Information Regarding Suspension or Revocation of EPA Certificate

Marginal note:Information to be submitted

59.1 If an EPA certificate referred to in section 13 is suspended or revoked, the company must submit the following information to the Minister within 60 days after the day on which the certificate is suspended or revoked:

• (a) its name, address and telephone number;

• (b) a copy of the EPA certificate that was suspended or revoked;

• (c) a copy of the EPA decision to suspend or revoke the certificate; and

• (d) the make, model, if applicable, and model year of the vehicles, engines and trailers that are covered by the EPA certificate.

Importation Document

Marginal note:Importation for exhibition, demonstration, evaluation or testing

• 60 (1) The declaration referred to in paragraph 155(1)(a) of the Act must be signed by the person referred to in that paragraph or their authorized representative and must contain

  • (a) the importer’s name, email address, telephone number, street address and, if different, mailing address;

  • (b) the name of the manufacturer of the vehicle, engine or trailer;

  • (c) the expected date of the importation;

  • (d) in the case of a vehicle, the vehicle’s class, make, model, model year and identification number;

  • (e) in the case of an engine, a description of the engine;

  • (f) in the case of a trailer, the trailer’s make, model year, identification number and model or, if there is no model, its type, length and axle configuration;

  • (g) a statement that the vehicle, engine or trailer will be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing; and

  • (h) the date on which the vehicle, engine or trailer will be removed from Canada or destroyed.

• Marginal note:Filing of declaration

  (2) The declaration must be filed with the Minister

  • (a) before the import of the vehicle, engine or trailer; or

  • (b) in the case of a company whose annual world production of vehicles, engines or trailers is 2500 or more, as described in paragraph (a) or quarterly.

Rental Rate

Marginal note:Annual rental rate

61 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 a vehicle, engine or trailer is made available, is 21% of the manufacturer’s suggested retail price of the vehicle, engine or trailer.

Application for Exemption

Marginal note:Application

• 62 (1) A company applying under section 156 of the Act for an exemption from conformity with any standard prescribed under these Regulations must, before importing a vehicle or engine or applying a national emissions mark to a vehicle or engine, submit in writing to the Minister

  • (a) its name, street 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 or substance of the standards from which an exemption is sought;

  • (d) the duration requested for the exemption;

  • (e) the reason for requesting an exemption; and

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

• Marginal note:Exemption — paragraph 156(1)(a) of the Act

  (2) If the basis of an application for an exemption is the substantial financial hardship referred to in paragraph 156(1)(a) of the Act, the company must include in the submission to the Minister

  • (a) the world production of vehicles or engines manufactured by the company or by the manufacturer of the model that is the subject of the application in the 12-month period beginning two years before the beginning of the period in respect of which the exemption is sought;

  • (b) the total number of vehicles or engines manufactured for, or imported into, the Canadian market in the 12-month period beginning two years before the beginning of the period in respect of which the exemption is sought;

  • (c) technical and financial information demonstrating in detail why conformity to the standards referred to in paragraph (1)(c) would create substantial financial hardship, including

    • (i) a list of each of the items that would have to be altered in order to achieve conformity,

    • (ii) an itemized and detailed description of the estimated cost to make the alterations referred to in subparagraph (i)

      • (A) at the end of one year after the day on which the application is submitted, if the duration of the requested exemption is for a period of one year or more but less than two years,

      • (B) at the end of two years after the day on which the application is submitted, if the duration of the requested exemption is for a period of two years or more but less than three years, or

      • (C) at the end of three years after the day on which the application is submitted, if the duration of the requested exemption is for a period of three years,

    • (iii) the estimated price increase per vehicle or engine to counter the total costs incurred under subparagraph (ii) and a statement of the anticipated effect of each such price increase, and

    • (iv) corporate balance sheets and income statements for the three fiscal years before the filing of the application;

  • (d) a description of the company’s efforts to have its vehicles or engines conform to the standards from which the exemption is sought, including

    • (i) a description of any other means of achieving conformity that were considered and the reasons for rejecting each of them, and

    • (ii) a description of the steps to be taken while the exemption is in effect and the estimated date by which conformity will be achieved through design changes to or the termination of the production of non-conforming vehicles or engines; and

  • (e) a copy of the research, development and testing documentation establishing that an exemption would not substantially diminish the control of emissions of the vehicle or the engine, including

    • (i) the reasons why not conforming to the prescribed standards would not substantially diminish the control of emissions of the vehicle or the engine, and

    • (ii) a description of other means of achieving conformity with the prescribed standards that were considered by the company and the reasons for rejecting each of them.

• Marginal note:Exemption — paragraph 156(1)(b) of Act

  (3) If the basis of an application for an exemption is the development of new emission monitoring or emission control features referred to in paragraph 156(1)(b) of the Act, the company must include in the submission to the Minister

  • (a) a description of the new features;

  • (b) a copy of the research, development and testing documentation establishing the innovative nature of the new features;

  • (c) an analysis of how the level of performance of the new features is equivalent or superior to the level of performance required by the prescribed standards, including

    • (i) a detailed description of how a vehicle or engine equipped with the new features would, if exempted, differ from a vehicle or engine that conforms to the prescribed standards, and

    • (ii) the results of tests conducted on the new features that demonstrate a level of performance that is equivalent or superior to that required by the prescribed standards;

  • (d) evidence that an exemption would facilitate the development or the field evaluation of the vehicle or the engine; and

  • (e) a statement as to whether the company intends, at the end of the exemption period,

    • (i) to have the vehicle or the engine conform to the prescribed standards,

    • (ii) to apply for a further exemption, or

    • (iii) to request that the prescribed standards be amended to incorporate the new features.

• Marginal note:Exemption — paragraph 156(1)(c) of Act

  (4) If the basis of an application for an exemption is the development of new kinds of vehicles, engines or vehicle or engine systems or components referred to in paragraph 156(1)(c) of the Act, the company must include in the submission to the Minister

  • (a) a copy of the research, development and testing documentation establishing that an exemption would not substantially diminish the control of emissions of the vehicle or the engine, including

    • (i) a detailed description of how the vehicle or the engine equipped with the new kinds of vehicle systems or components would, if exempted, differ from one that conforms to the prescribed standards,

    • (ii) the reasons why not conforming to the prescribed standards would not substantially diminish the control of emissions of the vehicle or the engine, and

    • (iii) a description of other means of achieving conformity that were considered and the reasons for rejecting each of them;

  • (b) evidence that an exemption would facilitate the development or the field evaluation of the vehicle or the engine; and

  • (c) a statement as to whether the company intends, at the end of the exemption period, to have the vehicle or the engine conform to the prescribed standards.

• Marginal note:New exemption

  (5) If a company wishes to obtain a new exemption to take effect after the expiry of an exemption referred to in subsection (3) or (4), the company must submit, in writing, to the Minister

  • (a) the information required under subsection (3) or (4), as the case may be; and

  • (b) a statement of the total number of vehicles or engines sold in Canada under the expiring exemption.

Defect Information

Marginal note:Notice of defect

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

  • (a) the name of the company giving the notice and its street address and, if different, mailing address, and the name, email address, telephone number and, if any, facsimile number of the appropriate contact person;

  • (b) in the case of vehicles, the range or ranges of vehicle identification numbers for the vehicles in respect of which the notice is given, if known, and, for each of those vehicles, its make, model and model year and the period during which it was manufactured;

  • (c) in the case of engines, for each engine in respect of which the notice is given, its make, model and model year and the period during which it was manufactured;

  • (d) in the case of trailers, the range or ranges of trailer identification numbers for the trailers in respect of which the notice is given, if known, and, for each of those trailers,

    • (i) its make,

    • (ii) its model or, if there is no model, its type, length and axle configuration,

    • (iii) its model year, and

    • (iv) the period during which it was manufactured;

  • (e) the total number of vehicles, engines or trailers in respect of which the notice is given or, if the total number is not known, the estimated number, and the number or estimated number of vehicles, engines or trailers in each identifying classification;

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

  • (g) a description of the defect;

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

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

  • (j) a chronology of the principal events that led to the determination of the existence of the defect, if known.

• Marginal note:Form of notice

  (2) The notice of defect must be given in writing and, when given to a person other than the Minister, must be

  • (a) in both official languages; or

  • (b) in the person’s official language of choice, if known.

• Marginal note:Initial report

  (3) 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 containing

  • (a) any changes to the information referred to in subsection (1);

  • (b) if not already provided in the notice, the range or ranges of vehicle or trailer identification numbers;

  • (c) if not already provided in the notice, the total number of vehicles, engines or trailers in respect of which the notice was given and the number of vehicles, engines or trailers in each identifying classification;

  • (d) if not already provided in the notice, a chronology of the principal events that led to the determination of the existence of the defect; and

  • (e) copies of all notices, bulletins and other circulars issued 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, as necessary.

• Marginal note:Quarterly reports

  (4) If a company submits an initial report under subsection (3), it must, within 45 days after the day on which each quarter ends, submit quarterly reports to the Minister respecting the defect and its correction that contain the following information:

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

  • (b) if applicable, the revised number of vehicles, engines or trailers in respect of which the notice of defect was given;

  • (c) the date on which the notice of defect was given to the current owners of the affected vehicles, engines or trailers and the dates of any follow-up communications with those owners in respect of the notice; and

  • (d) the total number or percentage of vehicles, engines or trailers repaired by or on behalf of the company, including vehicles, engines or trailers requiring inspection only.

• Marginal note:Applicable standard — CO₂ emissions

  (5) For the application of section 157 of the Act, the CO₂ emission standard that applies

  • (a) to Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles — excluding those that are vocational vehicles or incomplete vocational vehicles — or to spark-ignition engines that conform to the alternative CO₂ emission standard referred to in section 25 is the product of 1.1 multiplied by the CO₂ emission value for that vehicle configuration, rounded to the nearest gram per mile;

  • (b) to vocational vehicles is the result of the GEM computer simulation model using the parameters specified in subsection 26(2);

  • (c) to tractors of the 2020 model year or an earlier model year is the result of the GEM computer simulation model using the parameters specified in subsection 27(2), except that the coefficient of aerodynamic drag may originate from a bin for which the coefficient of aerodynamic drag is higher than that of the bin of the subject vehicle;

  • (d) to tractors of the 2021 model year or a subsequent model year is the result of the GEM computer simulation model using the parameters specified in subsection 27(2);

  • (e) to heavy-duty engines — other than engines referred to in paragraph (f), (g) or (h) — is the product of 1.03 multiplied by the applicable standard set out in section 30 for that engine, or in the case of an engine that is grouped into a fleet referred to in section 18, the product of 1.03 multiplied by the CO₂ deteriorated emission level applicable to the fleet;

  • (f) to heavy-duty engines of the 2014 to 2016 model years that conform to the alternative CO₂ emission standard referred to in subsection 31(1) is the product of 1.03 multiplied by the alternative CO₂ emission standard;

  • (g) to heavy-duty engines of the 2013 to 2016 model years that conform to the alternative CO₂ emission standard referred to in subsection 31(2) is the product of 1.03 multiplied by the alternative CO₂ emission standard;

  • (h) to heavy-duty engines of the 2024 to 2026 model years that conform to the alternative CO₂ emission standard referred to in subsection 31(5) is the product of 1.03 multiplied by the alternative CO₂ emission standard, or in the case of an engine that is grouped into a fleet referred to in section 18, the product of 1.03 multiplied by the CO₂ deteriorated emission level applicable to the fleet; and

  • (i) to full-aero and partial-aero box van trailers is the result of the compliance equation set out in section 515(a) of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR.

• Marginal note:Applicable standard — design

  (6) For the purposes of section 157 of the Act, the standard that applies to a non-box trailer or a non-aero box van trailer is the one that is set out in section 16.1.