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On-Road Vehicle and Engine Emission Regulations (SOR/2003-2)

Regulations are current to 2024-03-06 and last amended on 2022-10-03. Previous Versions

Subfleet Averaging Requirements for Motorcycles (continued)

Emission Deficits for Class I and Class II Motorcycles (continued)

  •  (1) A company shall offset an HC+NOx emission deficit in the model year in which the deficit was incurred, no later than the day on which the company submits its end of model year report.

  • (2) A company shall offset an HC+NOx emission deficit with an equivalent number of HC+NOx emission credits obtained in the same model year in accordance with section 32.4.

  • SOR/2006-268, s. 9

End of Model Year Reports

  •  (1) A company shall submit to the Minister an end of model year report, signed by a person who is authorized to act on behalf of the company, no later than May 1 after the end of each model year.

  • (2) A company shall include the following in its end of model year report:

    • (a) a statement that each Class I, II or III motorcycle, as the case may be, imported or manufactured in Canada, for sale in Canada, conforms to the applicable standards referred to in paragraph 17(a) or section 17.1, 19, 19.1 or 32.2;

    • (b) in respect of each subfleet, a statement that

      • (i) each motorcycle in the subfleet meets all of the criteria set out in paragraph 32.2(3)(a), or

      • (ii) the subfleet contains motorcycles that do not meet all of the criteria set out in paragraph 32.2(3)(a) but the subfleet or the group of motorcycles referred to in subparagraph 32.2(3)(b)(ii) conforms to the emissions averaging requirements set out in paragraph 32.2(3)(b); and

    • (c) for each class, the total number of motorcycles and their model.

  • (3) In a model year during which any of the company’s subfleets includes one or more motorcycles that conform to a family emission limit that is greater than the applicable HC+NOx emission standard set out in the section of the CFR that is referred to in paragraph 17(a) or subsection 17.1(2) or the fuel tank permeation emission standard set out that section, the end of model year report shall contain the following information in respect of each subfleet:

    • (a) the applicable HC+NOx emission standard and the fuel tank permeation emission standard;

    • (b) the average HC+NOx value and the average fuel tank permeation value;

    • (c) for each model of motorcycle, the values used in calculating the average HC+NOx value and the average fuel tank permeation value;

    • (d) the total number of motorcycles in the subfleet;

    • (e) the HC+NOx emission credits, if any, in that model year; and

    • (f) the HC+NOx emission deficits, if any, in that model year.

  • (4) If the company’s end of model year report contains the statement referred to in subparagraph (2)(b)(ii) in respect of a group of motorcycles, the report shall also contain the information required under paragraphs (3)(a) to (d), with any necessary modifications, with respect to the group of motorcycles described in subparagraph 32.2(3)(b)(ii).

  • (5) A company that avails itself of an exemption referred to in section 17.1 shall include in its end of model year report

    • (a) the number and class of motorcycles that it manufactured or imported under each exemption;

    • (b) the total number of motorcycles that it manufactured or imported for sale in Canada during the model year; and

    • (c) the number of employees of the company worldwide.

  • SOR/2006-268, s. 9
  • SOR/2013-8, s. 15
  • SOR/2018-98, s. 68(F)

Format of Reports

 Any report that is required under these Regulations shall be submitted electronically in the format provided by the Minister, but the report shall be submitted in writing if

  • (a) no format has been provided; or

  • (b) it is, owing to circumstances beyond the control of the person required to submit the report, impracticable to submit the report electronically in the format provided.

  • SOR/2015-186, s. 41

Emission-related Maintenance Instructions

  •  (1) Every company shall ensure that written instructions respecting emission-related maintenance are provided to the first retail purchaser of every vehicle and that the instructions are consistent with the maintenance instructions set out for

    • (a) light-duty vehicles, light-duty trucks, medium-duty passenger vehicles, Class 2B vehicles and Class 3 vehicles in section 1808 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR for the applicable model year;

    • (b) motorcycles in section 411 of Title 40, chapter I, subchapter C, part 86, subpart E, of the CFR for the applicable model year;

    • (c) heavy-duty vehicles other than medium-duty passenger vehicles, Class 2B vehicles and Class 3 vehicles in section 38 of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR for the applicable model year; and

    • (d) tractors that are equipped with an auxiliary power unit, in respect of the unit, in section 125 of Title 40, chapter I, subchapter U, part 1039, subpart B, of the CFR.

  • (2) The instructions referred to in this section shall be provided in English, French or both official languages, as requested by the purchaser.

  • SOR/2006-268, s. 10(F)
  • SOR/2015-186, s. 42
  • SOR/2018-98, s. 69

Emission-related Information Labels

  •  (1) In the case of a model of vehicle or engine in respect of which the Governor in Council has, by order, granted an exemption under section 156 of the Act:

    • (a) a label shall be securely applied to the windshield or side window of every vehicle of that model or every vehicle equipped with the engine of that model; and

    • (b) a label shall be permanently applied immediately beside the national emissions mark, or if there is no national emissions mark, in a location described in subsection 8(3) that is resistant to or protected against any weather conditions.

  • (2) The labels referred to in subsection (1) shall set out, in both official languages, the standard for which the exemption has been granted, as well as the title and date of the order.

Records

Evidence of Conformity

  •  (1) Subject to subsection (1.1), in the case of a vehicle or engine that is covered by an EPA certificate and that, as authorized by subsection 19(1), conforms to the certification and in-use standards referred to in the EPA certificate instead of the standards set out in sections 11 to 17, evidence of conformity for the purpose of paragraph 153(1)(b) of the Act in respect of a company shall consist of

    • (a) a copy of the EPA certificate covering the vehicle or the engine and, in the case of a tractor that is equipped with an auxiliary power unit, a copy of the EPA certificate covering the unit;

    • (b) one or both of the following:

      • (i) a document demonstrating that the vehicles or engines covered by the EPA certificate are sold concurrently in Canada and the United States,

      • (ii) a document demonstrating that the vehicle or engine covered by the EPA certificate bears the national emissions mark;

    • (c) a copy of the records submitted to the EPA in support of the application for the EPA certificate in respect of the vehicle or the engine and any application for an amendment to that EPA certificate and any records submitted to the EPA to maintain that EPA certificate;

    • (d) a U.S. emission control information label, or in the case of a heavy-duty engine a U.S. engine information label, that is permanently affixed to the vehicle or engine in the form and location set out in

      • (i) section 1807 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR for the applicable model year of light-duty vehicle, light-duty truck, medium-duty passenger vehicle, Class 2B vehicle or Class 3 vehicle,

      • (ii) section 413 of Title 40, chapter I, subchapter C, part 86, subpart E, of the CFR for the applicable model year of motorcycle,

      • (iii) section 35 of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR for the applicable model year of heavy-duty vehicle other than medium-duty passenger vehicles, Class 2B vehicles and Class 3 vehicles, and

      • (iv) section 35 of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR for the applicable model year of heavy-duty engine; and

    • (e) in the case of a tractor of a specific model year that is equipped with an auxiliary power unit, the U.S. engine information label that is permanently affixed to the auxiliary power unit in the form and location set out in

      • (i) for the 2021 to 2023 model years, section 135 of Title 40, chapter I, subchapter U, part 1039, subpart B, of the CFR, and

      • (ii) for the 2024 and later model years, section 699(k) of Title 40, chapter I, subchapter U, part 1039, subpart G, of the CFR.

  • (1.1) For the purpose of paragraph 153(1)(b) of the Act, if it is impracticable for a company to obtain the evidence of conformity referred to in subparagraph (1)(b)(i) or (ii) in respect of a vehicle or engine referred to in subsection (1), the company shall obtain and produce evidence of conformity for the vehicle or the engine in a form and manner satisfactory to the Minister, instead of as specified in subsection (1), and submit that evidence to the Minister before importing the vehicle or the engine or applying a national emissions mark to it.

  • (2) For the purpose of subsection (1), the U.S. emission control information label may be affixed to the vehicle or engine in any other form and location that may be specified in the CFR.

  • SOR/2013-8, s. 16
  • SOR/2015-186, s. 43
  • SOR/2018-98, s. 70
  •  (1) In the case of an equivalent vehicle referred to in section 19.1, evidence of conformity for the purpose of paragraph 153(1)(b) of the Act in respect of a company shall consist of

    • (a) a written statement that the vehicle has the same emission control features as the vehicle tested to obtain the EPA certificate and has no features that could cause it to have a higher level of emissions than that certified vehicle;

    • (b) a copy of the EPA certificate covering the vehicle to which it is equivalent;

    • (c) a copy of the records submitted to the EPA in support of the application for the EPA certificate in respect of the vehicle to which it is equivalent and any application for an amendment to that EPA certificate and any records submitted to the EPA to maintain that EPA certificate;

    • (d) for the 2016 and earlier model years, an emission control information label that is permanently affixed to the vehicle in a readily accessible location and that contains information that is equivalent to the information required under

      • (i) section 1807(a) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR for the applicable model year of the light-duty vehicle, light-duty truck, medium-duty passenger vehicle, Class 2B vehicle or Class 3 vehicle, other than the statement of compliance referred to in section 1807(a)(3)(v) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR,

      • (ii) section 413 of Title 40, chapter I, subchapter C, part 86, subpart E, of the CFR for the applicable model year of the motorcycle, other than the statement of compliance referred to in section 413(a)(4)(viii) of Title 40, chapter I, subchapter C, part 86, subpart E, of the CFR, or

      • (iii) section 35 of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR for the applicable model year of the heavy-duty vehicle other than medium-duty passenger vehicles, Class 2B vehicles and Class 3 vehicles, other than the statements of compliance referred to in sections 35(a)(2)(iii)(E)(2), 35(a)(3)(iii)(H), 35(a)(4)(iii)(E) and 35(d)(2) of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR; and

    • (d.1) for the 2017 and later model years, an emission control information label that is permanently affixed to the vehicle in a readily accessible location and that contains information that is equivalent to the information required under the CFR provisions referred to in subparagraphs (d)(i) to (iii) and either

      • (i) a national emissions mark, or

      • (ii) the statement “THIS VEHICLE CONFORMS TO ALL APPLICABLE STANDARDS PRESCRIBED BY THE ON-ROAD VEHICLE AND ENGINE EMISSION REGULATIONS / CE VÉHICULE EST CONFORME À TOUTES LES NORMES QUI LUI SONT APPLICABLES EN VERTU DU RÈGLEMENT SUR LES ÉMISSIONS DES VÉHICULES ROUTIERS ET DE LEURS MOTEURS”.

    • (e) additional evidence, obtained and produced in a form and manner satisfactory to the Minister, establishing that the vehicle and the vehicle covered by the EPA certificate are equivalent in that they share all the features described in the CFR that are used by the EPA to classify vehicles into test groups or engine families and, as applicable, families based on evaporative emissions, refueling emissions or permeation emissions.

  • (2) A company shall submit the evidence of conformity referred to in paragraphs (1)(a) and (b) to the Minister before importing a vehicle or applying a national emissions mark to it.

  • SOR/2013-8, s. 17
  • SOR/2015-186, s. 44
  •  (1) For the purpose of paragraph 153(1)(b) of the Act, a company shall obtain and produce evidence of conformity for a vehicle or engine other than one referred to in section 35 or 35.1 in a form and manner satisfactory to the Minister instead of as specified in that section.

  • (2) A company shall submit the evidence of conformity to the Minister before importing a vehicle or engine or applying a national emissions mark to it.

  • SOR/2006-268, s. 11
  • SOR/2013-8, s. 17

 For greater certainty, a company that imports a vehicle or engine or applies a national emissions mark to it under subsection 153(2) of the Act is not required to provide the evidence of conformity referred to in subsection 36(1) to the Minister before importing it or applying a national emissions mark to it, but must provide that evidence in accordance with subsection 153(2) before the vehicle or engine leaves the possession or control of the company and, in the case of a vehicle, before it is presented for registration under the laws of a province or an aboriginal government.

  • SOR/2006-268, s. 11

Fleet Average Records

[
  • SOR/2006-268, s. 12
  • SOR/2015-186, s. 45
]
  •  (1) A company shall maintain records containing the following information for each of its fleets described in sections 21 to 23, 24.1 to 24.4, 24.6, 24.7 and 24.10:

    • (a) the model year;

    • (b) the applicable fleet average standard;

    • (c) the average value achieved

      • (i) in the case of NOX emissions, under section 24 or 25,

      • (ii) in the case of NMOG + NOX emissions, under section 24.5 or 25.1,

      • (iii) in the case of cold NMHC emissions, under section 24.8 or 25.2, and

      • (iv) in the case of evaporative emissions, under section 24.11 or 25.3; and

    • (d) all values used in calculating the average values referred to in subparagraphs (c)(i) to (iv).

  • (2) For each vehicle in a fleet described in subsection (1), the company shall maintain records containing the following information:

    • (a) the model and model year;

    • (b) the applicable fleet average standard;

    • (c) in the case of a vehicle covered by an EPA certificate, the applicable test group described in Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR;

    • (d) the name and street address of the plant where the vehicle was assembled;

    • (e) the vehicle identification number;

    • (f) the emission standard to which the vehicle conforms; and

    • (g) the name and street or mailing address of the first purchaser of the vehicle in Canada.

  • SOR/2015-186, ss. 46, 47

Records Concerning Subfleet Average Emission Values for Motorcycles

 A company shall maintain records containing the following information for each of its subfleets of motorcycles:

  • (a) the model year;

  • (b) all values used in calculating the average HC+NOx values and average fuel tank permeation values reported in its end of model year report; and

  • (c) for each motorcycle in the subfleet,

    • (i) the model,

    • (ii) the name and street address of the plant where it was assembled,

    • (iii) its vehicle identification number, and

    • (iv) the name and street or mailing address of the first purchaser in Canada.

  • SOR/2006-268, s. 13
 

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