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

Emission Control Systems

Marginal note:On-Road Vehicle and Engine Emission Regulations

• 14 (1) An emission control system that is installed in a heavy-duty vehicle or heavy-duty engine for the purpose of conforming to the standards set out in these Regulations must comply with subsection 11(1) of the On-Road Vehicle and Engine Emission Regulations.

• Marginal note:Defeat device

  (2) A heavy-duty vehicle or heavy-duty engine must not be equipped with a defeat device.

• Marginal note:Exception — emergency vehicles

  (2.1) Despite subsection (2), an emergency vehicle may be equipped with a defeat device if the device is one that is activated during emergency response operations to maintain speed, torque or power in either of the following circumstances:

  • (a) the emission control system is in an abnormal state;

  • (b) the device acts to maintain the emission control system in a normal state.

• Marginal note:Test procedures

  (3) Subsections 11(3) and (4) of the On-Road Vehicle and Engine Emission Regulations apply except that the test procedures in question are the ones set out in these Regulations.

Adjustable Parameters

Marginal note:Definition of adjustable parameter

• 15 (1) In this section, adjustable parameter means a device, system or element of design that is capable of being adjusted to affect the emissions or performance of a heavy-duty vehicle, heavy-duty engine or trailer 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 using ordinary tools.

• Marginal note:Standards

  (2) A heavy-duty vehicle, heavy-duty engine or trailer that is equipped with adjustable parameters must conform to the applicable standards under these Regulations for any specification within the adjustable range.

• Marginal note:Fairings

  (3) A tractor’s roof fairing and a trailer’s rear fairing are not adjustable parameters for the purposes of this section.

Air-conditioning Systems

Marginal note:Standards

16 A heavy-duty vehicle or heavy-duty incomplete vehicle that is equipped with an air-conditioning system must conform to

• (a) section 1819(h) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR in the case of a Class 2B or Class 3 heavy-duty vehicle or cab-complete vehicle, other than a vocational vehicle or incomplete vocational vehicle; or

• (b) section 115(e) of Title 40, chapter I, subchapter U, part 1037, subpart B, of the CFR in the case of a vocational vehicle or incomplete vocational vehicle of the 2021 model year or a subsequent model year or a tractor or incomplete tractor.

Non-box Trailers and Non-aero Box Van Trailers

Marginal note:Standards

• 16.1 (1) For the 2020 model year and subsequent model years, every non-box trailer and non-aero box van trailer must be equipped with

  • (a) an automatic tire inflation system or tire pressure monitoring system for each wheel that is mounted on an axle; and

  • (b) tires with a tire rolling resistance level of

    • (i) in the case of non-box trailers,

      • (A) for the 2020 model year, 6 kg/t or less, or

      • (B) for the 2021 model year and subsequent model years, 5.1 kg/t or less , and

    • (ii) in the case of non-aero box van trailers,

      • (A) for the 2020 model year, 5.1 kg/t or less, or

      • (B) for the 2021 model year and subsequent model years, 4.7 kg/t or less.

• Marginal note:Determination of tire rolling resistance level

  (2) The tire rolling resistance level must be determined in accordance with the procedures described in sections 515(b) and 520(c) of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR.

Small Volume Companies

Marginal note:Exemption

• 17 (1) A company may elect, for a given model year, not to comply with the standards set out in any of subsections 26(1), (1.1), (1.2), (1.3) and (5) and 27(1), (1.1), (1.2) and (7), as the case may be, for its vocational vehicles, incomplete vocational vehicles, tractors and incomplete tractors and, in the case of vocational vehicles, incomplete vocational vehicles, tractors and incomplete tractors that are covered by an EPA certificate, the company may elect not to comply with subsection 13(4), if the following conditions are met:

  • (a) it manufactured or imported in 2011 for sale in Canada in total less than 200 tractors and vocational vehicles;

  • (b) the number of vocational vehicles and tractors of the model year in question that it manufactures or imports for sale in Canada is fewer than 200; and

  • (c) it reports this election in its end of model year report in accordance with section 48.

• Marginal note:Exemption — engines

  (1.1) A company that makes an election referred to in subsection (1) may also make one or both of the elections set out in one of the following paragraphs in respect of the engines of a given model year that are installed in its vocational vehicles and tractors referred to in subsection (1) if it reports the election in its end of model year report in accordance with section 48:

  • (a) in the case of heavy-duty engines other than those that are covered by an EPA certificate, not to comply with

    • (i) the N₂O and CH₄ emission standards set out in section 29, or

    • (ii) the CO₂ emission standards set out in section 30 or subsection 31(1), (2) or (5); and

  • (b) in the case of heavy-duty engines that are covered by an EPA certificate, not to comply with subsection 13(7.1) or (8).

• Marginal note:CO₂ emission credit system

  (2) A company that makes an election referred to in subsection (1) or (1.1) must not participate in the CO₂ emission credit system set out in sections 34 to 47 for the model year in question.

• Marginal note:Merger

  (3) If a company merges with one or more companies after the day on which these Regulations come into force, the company that results from the merger may make an election referred to in subsection (1) or (1.1) if the combined number of vocational vehicles and tractors manufactured or imported for sale in Canada by the merged companies under each of paragraphs (1)(a) and (b) is fewer than 200.

• Marginal note:Acquisition

  (4) If a company acquires one or more companies, it must

  • (a) in the case where the company made an election referred to in subsection (1) or (1.1) before the acquisition, recalculate the number of vocational vehicles and tractors that it manufactured or imported for sale in Canada under each of paragraphs (1)(a) and (b) by adding to that number the number of vocational vehicles and tractors that were manufactured or imported for sale in Canada by each of the acquired companies and report the total number in its first end of model year report following the acquisition; and

  • (b) in the case where the company makes an election referred to in subsection (1) or (1.1) after the acquisition, calculate the number of vocational vehicles and tractors that it manufactured or imported for sale in Canada under each of paragraphs (1)(a) and (b) by adding to that number the number of vocational vehicles and tractors that were manufactured or imported for sale in Canada by each of the acquired companies.

Marginal note:Exemption — trailers manufactured before January 1, 2021

17.1 A company may elect not to comply with the standards set out in section 16.1 or 33.1, as the case may be, for its trailers whose manufacture is completed before January 1, 2021, if

• (a) in 2020 it manufactures or imports for sale in Canada fewer than 100 trailers in total; and

• (b) it reports the election in its end of model year report in accordance with section 48.

Marginal note:Exemption — trailers of the 2020 to 2026 model years

17.2 For trailers of the 2020 to 2026 model years, a company may elect not to comply with the standards set out in section 16.1 or 33.1, as the case may be, for a certain number of its trailers of a given model year if

• (a) the number of trailers in respect of which it makes the election does not exceed

  • (i) in the case of box van trailers, 20% of the number of box van trailers of the model year in question that it manufactures or imports for sale in Canada or 25, whichever is less, and

  • (ii) in the case of non-box trailers, 20% of the number of non-box trailers of the model year in question that it manufactures or imports for sale in Canada or 20, whichever is less; and

• (b) it reports the election in its end of model year report in accordance with section 48.

Composition of Fleets

Marginal note:Definition of fleet

• 18 (1) In these Regulations, fleet refers to the heavy-duty vehicles, heavy-duty engines and full-aero box van trailers that a company imports or manufactures in Canada for the purpose of sale in Canada to the first retail purchaser and that are grouped in accordance with this section for the purpose of conforming to sections 21 to 23 or for the purpose of participation in the CO₂ emission credit system set out in sections 34 to 47 or 47.1 to 47.5, as the case may be.

• Marginal note:Exclusions

  (2) A company may elect to exclude from its fleets

  • (a) the heavy-duty vehicles, heavy-duty engines and full-aero box van trailers that it manufactures and that are to be used in Canada solely for the purpose of exhibition, demonstration, evaluation or testing, if it reports that election in its end of model year report; and

  • (b) the heavy-duty vehicles, heavy-duty engines and full-aero box van trailers that it imports and that are to be used in Canada solely for the purpose of exhibition, demonstration, evaluation or testing, if it makes a declaration in accordance with section 60 and it reports that election in its end of model year report.

• Marginal note:Fleet composition

  (3) A company may group all of its heavy-duty vehicles or heavy-duty engines of the same type and model year into more than one fleet as follows:

  • (a) in the case of heavy-duty vehicles and subject to subsections (4) to (7), section 25 and subsections 26(6), (7.1) and (7.2) and 27(8.1) and (8.2), each fleet is composed solely of the vehicles referred to in one of the following subparagraphs or clauses, as the case may be:

    • (i) Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles, excluding those that are vocational vehicles or incomplete vocational vehicles,

    • (ii) for vocational vehicles and incomplete vocational vehicles of the 2020 model year or an earlier model year,

      • (A) those vehicles that are or are to become light heavy-duty vehicles,

      • (B) those vehicles that are or are to become medium heavy-duty vehicles, or

      • (C) those vehicles that are or are to become heavy heavy-duty vehicles,

    • (iii) for multi-purpose vocational vehicles and incomplete vocational vehicles that are to become multi-purpose vocational vehicles of the 2021 model year or a subsequent model year that are equipped with a compression-ignition engine,

      • (A) those vehicles that are or are to become light heavy-duty vehicles,

      • (B) those vehicles that are or are to become medium heavy-duty vehicles, or

      • (C) those vehicles that are or are to become heavy heavy-duty vehicles,

    • (iv) for regional vocational vehicles and incomplete vocational vehicles that are to become regional vocational vehicles of the 2021 model year or a subsequent model year that are equipped with a compression-ignition engine,

      • (A) those vehicles that are or are to become light heavy-duty vehicles,

      • (B) those vehicles that are or are to become medium heavy-duty vehicles, or

      • (C) those vehicles that are or are to become heavy heavy-duty vehicles,

    • (v) for urban vocational vehicles and incomplete vocational vehicles that are to become urban vocational vehicles of the 2021 model year or a subsequent model year that are equipped with a compression-ignition engine,

      • (A) those vehicles that are or are to become light heavy-duty vehicles,

      • (B) those vehicles that are or are to become medium heavy-duty vehicles, or

      • (C) those vehicles that are or are to become heavy heavy-duty vehicles,

    • (vi) for multi-purpose vocational vehicles and incomplete vocational vehicles that are to become multi-purpose vocational vehicles of the 2021 model year or a subsequent model year that are equipped with a spark-ignition engine,

      • (A) those vehicles that are or are to become light heavy-duty vehicles, or

      • (B) those vehicles that are or are to become medium heavy-duty vehicles,

    • (vii) for regional vocational vehicles and incomplete vocational vehicles that are to become regional vocational vehicles of the 2021 model year or a subsequent model year that are equipped with a spark-ignition engine,

      • (A) those vehicles that are or are to become light heavy-duty vehicles, or

      • (B) those vehicles that are or are to become medium heavy-duty vehicles,

    • (viii) for urban vocational vehicles and incomplete vocational vehicles that are to become urban vocational vehicles of the 2021 model year or a subsequent model year that are equipped with a spark-ignition engine,

      • (A) those vehicles that are or are to become light heavy-duty vehicles, or

      • (B) those vehicles that are or are to become medium heavy-duty vehicles,

    • (ix) Class 7 low-roof tractors and incomplete tractors,

    • (x) Class 7 mid-roof tractors and incomplete tractors,

    • (xi) Class 7 high-roof tractors and incomplete tractors,

    • (xii) for Class 8 tractors and incomplete tractors of the 2020 model year or an earlier model year,

      • (A) those that are low-roof and are equipped with a day cab,

      • (B) those that are low-roof and are equipped with a sleeper cab,

      • (C) those that are mid-roof and are equipped with a day cab,

      • (D) those that are mid-roof and are equipped with a sleeper cab,

      • (E) those that are high-roof and are equipped with a day cab, or

      • (F) those that are high-roof and are equipped with a sleeper cab,

    • (xiii) for Class 8 tractors and incomplete tractors of the 2021 model year or a subsequent model year that have a GCWR of less than 43 998 kg (97,000 pounds),

      • (A) those that are low-roof and are equipped with a day cab,

      • (B) those that are low-roof and are equipped with a sleeper cab,

      • (C) those that are mid-roof and are equipped with a day cab,

      • (D) those that are mid-roof and are equipped with a sleeper cab,

      • (E) those that are high-roof and are equipped with a day cab, or

      • (F) those that are high-roof and are equipped with a sleeper cab,

    • (xiv) for Class 8 tractors and incomplete tractors of the 2021 model year or a subsequent model year that have a GCWR of 43 998 kg (97,000 pounds) or more, but less than 54 431 kg (120,000 pounds),

      • (A) those that are low-roof and are equipped with a day cab,

      • (B) those that are low-roof and are equipped with a sleeper cab,

      • (C) those that are mid-roof and are equipped with a day cab,

      • (D) those that are mid-roof and are equipped with a sleeper cab,

      • (E) those that are high-roof and are equipped with a day cab, or

      • (F) those that are high-roof and are equipped with a sleeper cab,

    • (xv) for Class 8 tractors and incomplete tractors of the 2021 model year or a subsequent model year that have a GCWR of 54 431 kg (120,000 pounds) or more, other than those that are or are to become heavy-haul tractors,

      • (A) those that are low-roof and are equipped with a day cab,

      • (B) those that are low-roof and are equipped with a sleeper cab,

      • (C) those that are mid-roof and are equipped with a day cab,

      • (D) those that are mid-roof and are equipped with a sleeper cab,

      • (E) those that are high-roof and are equipped with a day cab, or

      • (F) those that are high-roof and are equipped with a sleeper cab,

    • (xvi) heavy-haul tractors and incomplete tractors that are to become heavy-haul tractors;

  • (b) in the case of heavy-duty engines and subject to subsections (8) and (9), each fleet is composed solely of the engines referred to in one of the following subparagraphs:

    • (i) spark-ignition engines other than heavy heavy-duty engines of the 2021 model year or a subsequent model year,

    • (ii) light heavy-duty engines that are compression-ignition engines and that are designed to be used in vocational vehicles and incomplete vocational vehicles,

    • (iii) medium heavy-duty engines that are compression-ignition engines and that are designed to be used in vocational vehicles and incomplete vocational vehicles,

    • (iv) heavy heavy-duty engines that are spark-ignition engines of the 2021 model year or a subsequent model year or compression-ignition engines and that are designed to be used in vocational vehicles and incomplete vocational vehicles,

    • (v) medium heavy-duty engines that are compression-ignition engines and that are designed to be used in tractors and incomplete tractors, or

    • (vi) heavy heavy-duty engines that are spark-ignition engines of the 2021 model year or a subsequent model year or compression-ignition engines and that are designed to be used in tractors and incomplete tractors;

  • (c) in the case of full-aero box van trailers and subject to subsection (10), each fleet is composed solely of the trailers referred to in one of the following subparagraphs:

    • (i) short dry box van trailers,

    • (ii) long dry box van trailers,

    • (iii) short refrigerated box van trailers,

    • (iv) long refrigerated box van trailers.

• Marginal note:Class 2B and Class 3 heavy-duty vehicles

  (4) For the purposes of subparagraph (3)(a)(i), all of the following heavy-duty vehicles must be grouped into one separate fleet of Class 2B and Class 3 heavy-duty vehicles:

  • (a) for the 2020 model year or an earlier model year, hybrid vehicles that have regenerative braking;

  • (b) vehicles equipped with an engine that includes a Rankine-cycle or other bottoming cycle exhaust energy recovery system;

  • (c) electric vehicles;

  • (d) fuel cell vehicles;

  • (e) vehicles that are manufactured with innovative technologies; and

  • (f) for the 2021 model year and subsequent model years, plug-in hybrid vehicles.

• Marginal note:Subfleets — Class 2B and Class 3

  (5) For the purposes of subparagraph (3)(a)(i) and subsection 20(3), the vehicles in the fleet that exceed the standards set out in subsection 20(1) and have more than one N₂O or CH₄ family emission limit must be grouped into subfleets that include vehicles with identical N₂O or CH₄ family emission limits, as the case may be, and that are of the same test group.

• Marginal note:Vocational vehicles and tractors

  (6) For the purposes of subparagraphs (3)(a)(ii) to (xvi), all heavy-duty vehicles of a fleet must

  • (a) if applicable, be hybrid vehicles of the 2020 model year or an earlier model year that have regenerative braking, vehicles equipped with an engine that includes a Rankine-cycle or other bottoming cycle exhaust energy recovery system, electric vehicles, fuel cell vehicles, vehicles manufactured with innovative technologies or plug-in hybrid vehicles of the 2021 model year or a subsequent model year; and

  • (b) be grouped into subfleets that include vehicles with identical CO₂ family emission limits if the vehicles in the fleet have more than one family emission limit.

• Marginal note:Vocational tractors

  (6.1) For the purposes of paragraph (3)(a), if a company has made the election referred to in subsection 28(2) in respect of a number of its vocational tractors, those vocational tractors must be grouped into fleets composed solely of vocational tractors that meet the description set out in, as the case may be, subparagraph (3)(a)(ii), (iii), (iv), (v), (vi), (vii) or (viii).

• Marginal note:Vocational vehicles — election under subsection 26(1.2)

  (6.2) For the purposes of subparagraphs (3)(a)(ii) to (viii), vocational vehicles that are of a type referred to in the table to subsection 26(1.2) and in respect of which a company has made the election referred to in that subsection must be grouped into separate fleets with each fleet being composed solely of vehicles of the same type.

• Marginal note:Roof heights, cab types and GVWR

  (7) If a vocational vehicle, incomplete vocational vehicle, tractor or incomplete tractor model straddles a roof height, cab type or GVWR division, a company may elect to group all those vehicles into the same fleet if they conform to the most stringent standards applicable to a vehicle in the fleet.

• Marginal note:Heavy-duty engines

  (8) For the purposes of paragraph (3)(b), all heavy-duty engines of a fleet must be of the same engine family or engine subfamily, as the case may be, and have, taking into account section 205(e) of Title 40, chapter I, subchapter U, part 1036, subpart C, of the CFR,

  • (a) an identical CO₂ family certification level; and

  • (b) identical N₂O and CH₄ family emission limits.

• Marginal note:Engines not sold in United States

  (9) For the purposes of subsection (8), the CO₂ family certification level and the N₂O and CH₄ family emission limits for the model year in question are determined using the engine sales in Canada if none of the engines in the engine family or engine subfamily, as the case may be, are sold in the United States.

• Marginal note:Subfleets — full-aero box van trailers

  (10) For the purposes of paragraph (3)(c), if the full-aero box van trailers in a fleet have more than one family emission limit, a company must group those trailers into subfleets that include trailers with an identical CO₂ family emission limit.