Multi-Sector Air Pollutants Regulations (SOR/2016-151)

Marginal note:Operating conditions for emissions checks

87 The emissions check must be conducted while the engine is

• (a) operating with a rated brake power

  • (i) that is at most 10% below the brake power at which it operated most of the time during the previous 90 days, if that brake power during that time is at least 50% of its rated brake power, and

  • (ii) that is at least 40% of its rated brake power, in any other case; and

• (b) not operating during start-up, shutdown or a period of malfunction.

Marginal note:Emissions check — sampling procedure

• 88 (1) The emissions check must be conducted — on an engine’s exhaust gas introduced into the analyzer at a constant flow rate — during a 15-minute sampling period by

  • (a) taking a reading of each of its electrochemical cells’ responses to, as applicable, O₂, CO, NO and NO₂ in the exhaust gas at least once each minute during that period and at least 15 seconds after a previous reading; or

  • (b) recording the average, over each minute of that period, of each of those cells’ responses to, as applicable, O₂, CO, NO and NO₂ in the exhaust gas.

• Marginal note:NO cell temperature

  (2) If the emissions check is conducted with an analyzer that does not display negative concentrations, the NO cell temperature must be recorded at least once each minute during the 15-minute sampling period.

• Marginal note:Beginning of sampling period

  (3) The sampling period begins after the end of the period that begins with the introduction of the engine’s exhaust gas into the analyzer for the emissions check and that has a duration determined by the formula

  2T_s + {π/4 × [(d_E² × L_E)/Q_E − (d_C² × L_C)/Q_C]}

  where

  T_s

  is the stabilization period, expressed in seconds, referred to in subsection 83(5) for the most recent sequence of calibration error checks conducted on the analyzer;

  d_E

  is the greatest diameter, expressed in m, of any tube that is used in the measurement system through which the engine’s exhaust gas flows from the sampling port or traverse point to the analyzer during the emissions check;

  L_E

  is the total length, expressed in m, of those tubes that are used during the emissions check;

  Q_E

  is the flow rate, expressed in m³/s, of the engine’s exhaust gas measured by the analyzer during the emissions check;

  d_C

  is the smallest diameter, expressed in m, of any tube that is used in the measurement system through which the span gas flows from the point where it is introduced into the measurement system to the analyzer during the most recent sequence of calibration error checks conducted on the analyzer;

  L_C

  is the total length, expressed in m, of those tubes that are used during the most recent sequence of calibration error checks conducted on the analyzer; and

  Q_C

  is the flow rate, expressed in m³/s, of the span gas for NO measured by the analyzer during the most recent sequence of calibration error checks conducted on the analyzer.

Marginal note:Concentration of O₂, CO, NO and NO₂ — average

• 89 (1) The concentration of O₂, CO, NO and NO₂, as the case may be, in the exhaust gas determined by the emissions check is the average of the concentrations of the gas in each reading taken or recording made in accordance with subsection 88(1).

• Marginal note:Concentration of NO_x

  (2) The concentration of NO_x in the exhaust gas, expressed in ppmvd_15%, must be determined by the formula

  5.9C_d/(20.9 – %O₂)

  where

  C_d

  is the sum of the concentrations of NO and NO₂ in the engine’s exhaust gas as determined in accordance with subsection (1), expressed in ppmvd, at the concentration of O₂, determined in accordance with that subsection; and

  %O₂

  is the number that represents the percentage of oxygen in the engine’s exhaust gas based on the concentration of O₂ determined in accordance with that subsection.

Marginal note:Invalid emissions check — temperature

• 90 (1) If there is a difference of more than 3°C between any two NO cell temperatures that are recorded in accordance with subsection 88(2), the emissions check in question and any concentration that is determined in accordance with section 89 are invalid.

• Marginal note:Invalid emissions check — cell measuring range

  (2) If any reading taken of an electrochemical cell’s response, or recording that is made of the average of the responses of that cell, in accordance with subsection 88(1) during an emissions check with an analyzer to determine a concentration in accordance with section 89 is outside the measuring range for that cell specified by the analyzer’s manufacturer,

  • (a) the emissions check and any concentration that is determined in accordance with that section are invalid; and

  • (b) no emissions check that is conducted with the analyzer is valid until

    • (i) a sequence of calibration error checks on its cells is conducted for which each calibration error check meets the requirements of subsection 83(6), and

    • (ii) a determination — based on the readings taken during that sequence — of at most 5% is made in accordance with subsections 84(2) and (3) of the CO interference response and of the NO interference response, respectively.

Performance Tests and Emissions Checks

Marginal note:Periods when not conducted

91 A performance test or an emissions check must not be conducted during any period referred to in section 49.

Marginal note:Extended period for new owners

92 Despite any of paragraphs 77(a) to (c) or section 78 or 79, a person who becomes an owner of an engine — on a date during the last 90 days of the period for conducting a performance test or emissions check on the engine referred to in that provision with no performance test or emissions check on the engine having yet been conducted in that period — may conduct the performance test or emissions check within a period of 90 days after that date.

Marginal note:Extended period — last day

93 Despite any of paragraphs 77(a) to (c) or section 78, 79 or 92, a performance test or emissions check that is referred to in that provision and that has not been conducted by the last day of the period for conducting the performance test or emissions check referred to in that provision must be conducted

• (a) if that last day occurs in a period referred to in section 49 or a period when the engine is not operating, on the first day that occurs that is not in either of those periods; or

• (b) if that last day occurs in a period while an election to have the engine be low-use is in effect, on or by the day, if any, after that period ends.

Engine Management

Marginal note:Nameplate

• 94 (1) An engine that is low-use or that is subject to a NO_x emission intensity limit referred to in any of sections 54 and 57 to 59 — or an engine or replacement unit that belongs to a subgroup — must have a nameplate that is permanently affixed to it in a visible location and that indicates

  • (a) its serial number or, if the serial number is not known or cannot be obtained, its unique alphanumeric identifier referred to in subsection (3);

  • (b) its make and model; and

  • (c) its rated brake power.

• Marginal note:Serial number

  (2) The serial number must be the serial number provided by the engine or replacement unit’s manufacturer

  • (a) on the original nameplate affixed to it;

  • (b) as engraved on the original crankcase; or

  • (c) as set out in a document that is provided by its manufacturer.

• Marginal note:Unique alphanumeric identifier

  (3) If the serial number is not known or cannot be obtained, the responsible person for a pre-existing engine or a replacement unit that is not a modern engine may apply to the Minister for a unique alphanumeric identifier for the engine or replacement unit by providing the Minister with

  • (a) the information set out in Schedule 9, other than the engine’s or replacement unit’s serial number or unique alphanumeric identifier; and

  • (b) the reason why the serial number is not known or cannot be obtained.

• Marginal note:Refusal

  (4) The Minister must refuse the application if the Minister has reasonable grounds to believe that the applicant has provided false or misleading information in the application.

Marginal note:Operation and maintenance

• 95 (1) The recommendations of the manufacturer concerning the operation and maintenance of the systems and components referred to in subsection (2) that are related to an engine must be treated as requirements and be complied with,

  • (a) in respect of an engine that is subject to a NO_x emission intensity limit referred to in any of sections 54, 55 and 57, by a responsible person for the engine;

  • (b) in respect of an engine that is subject to a NO_x emission intensity limit referred to in section 58 or 59, by the responsible person who has established the group to which the engine belongs; and

  • (c) in respect of an engine that belongs to a subgroup, other than a pre-existing engine that has been assigned a default NO_x emission value referred to in subparagraph 66(2)(a)(ii) or paragraph 66(2)(b) or (c), by the responsible person who has established the group to which the engine belongs.

• Marginal note:Systems and components

  (2) The following are the systems and components:

  • (a) the ignition system, including spark plugs;

  • (b) the air-fuel ratio management system;

  • (c) the NO_x, O₂ and lambda sensors;

  • (d) the lubrication system, including the oil and oil filters;

  • (e) the air intake filtration system; and

  • (f) the after-treatment control device.

• Marginal note:No obligation to comply

  (3) Despite subsection (1), no recommendation referred to in that subsection need be treated as a requirement and complied with by the responsible person described in that subsection if they have a record that establishes that without that compliance the NO_x emission intensity of the engine is unlikely to exceed the following limit or value:

  • (a) the applicable NO_x emission intensity limit referred to in sections 54, 55, 57 and 58;

  • (b) in respect of an engine that belongs to the subset referred to in subsection 59(1), the applicable NO_x emission intensity limit referred to in that subsection; and

  • (c) in respect of an engine that belongs to a subgroup, the NO_x emission value that is assigned to the engine under

    • (i) subsection 66(1), if that emission value is 210 ppmvd_15% or 4 g/kWh, or

    • (ii) subsection 67(1).

Marginal note:Air-fuel ratio

96 The responsible person described in subsection 95(1) must verify, maintain and adjust the air-fuel ratio of the engine so as to ensure that its NO_x emission intensity, during the diverse ambient conditions anticipated during a year, does not exceed the following limit or value:

• (a) the applicable NO_x emission intensity limit referred to in sections 54, 55, 57 and 58;

• (b) in respect of an engine that belongs to the subset referred to in subsection 59(1), the applicable NO_x emission intensity limit referred to in that subsection; and

• (c) in respect of an engine that belongs to a subgroup, the NO_x emission value assigned to the engine under

  • (i) subsection 66(1), if that emission value is 210 ppmvd_15% or 4 g/kWh, or

  • (ii) subsection 67(1).

Registry, Reporting and Recording of Information

Marginal note:Engine registry

• 97 (1) The Minister is to establish an engine registry in order to carry out the purpose of this Part by facilitating the provision to the Minister of information that is

  • (a) necessary to know whether this Part applies in respect of an engine; and

  • (b) related to the requirements referred to in section 60 that are imposed on engines that belong to a subgroup.

• Marginal note:Regular-use and low-use engines

  (2) The following engines must be registered in the engine registry:

  • (a) a modern engine with a rated brake power of at least 75 kW that is regular-use or low-use; and

  • (b) a pre-existing engine with a rated brake power of at least 250 kW that is regular-use or low-use.

• Marginal note:Registration date — engines in group

  (3) A responsible person for a regular-use engine that they have designated as belonging to their group must register the engine on or before

  • (a) January 1, 2019, if the designation occurs before that date; and

  • (b) July 1 of the year that follows the year during which the engine is designated as belonging to the group, if the designation occurs on or after January 1, 2019.

• Marginal note:Registration date — engines not in group

  (4) An engine referred to in subsection (2) that does not belong to a group must be registered on or before

  • (a) for a pre-existing engine, the later of

    • (i) January 1, 2019, and

    • (ii) July 1 of the year that follows the first year during which there is a responsible person for the engine, and

  • (b) for a modern engine, July 1 of the year that follows the first year during which there is a responsible person for the engine.

• Marginal note:Re-registration

  (5) An engine that has been registered in accordance with subsection (4) — or re-registered under this subsection — must be re-registered on or before July 1 of the year that follows the last year during which there remains at least one responsible person for the engine who has registered or re-registered the engine.

• Marginal note:Registration

  (6) The registration occurs when the Minister is provided with the information for inclusion in the engine registry in respect of the engine that is set out in Schedule 9.

Marginal note:Change of information — engine registry

• 98 (1) If there is a change in the information provided to the Minister for inclusion in the engine registry in respect of an engine or a replacement unit, the Minister must be provided with the updated information

  • (a) within 30 days after the place where a record is kept is changed, if the updated information involves a change in the place where a record is kept; and

  • (b) on or before July 1 of the year that follows the year during which the change occurred but before a compliance report in respect of that year is provided to the Minister, in any other case.

• Marginal note:Responsible person

  (2) The updated information must be provided by

  • (a) the responsible person referred to in subsection 97(3), if the updated information is in respect of an engine referred to in that subsection or in respect of a replacement unit referred to in subsection 64(4); or

  • (b) a responsible person who has registered or re-registered the engine in the engine registry in accordance with subsection 97(4) or (5), if the updated information is in respect of an engine referred to in that subsection.