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• 13 (1) This section applies to an engine for which a company elects to apply a standard set out in subsection (2), hereinafter referred to as a transition engine, that

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• (2) Instead of the standards referred to in sections 9 to 11, a company may elect to apply one or more of the following standards to transition engines that fall within the following gross power categories if, in the case of an engine referred to in paragraph (1)(a), the engine is installed in Canada during the applicable time period for that standard or, in the case of an engine referred to in paragraph (1)(b), the engine is imported before the end of that same time period:

  • (a) in the case of transition engines that have a gross power of less than 19 kW, until December 31, 2014, the standards for Tier 2 engines set out in CFR 89 as referred to in paragraph 10(1)(a);

  • (b) in the case of transition engines that have a gross power of 19 kW to less than 37 kW,

    • (i) until December 31, 2014, the standards for Tier 2 engines set out in CFR 89 as referred to in paragraph 10(1)(a), and

  • (c) in the case of transition engines that have a gross power of 37 kW to less than 56 kW,

    • (i) until December 31, 2014, the standards for Tier 2 engines set out in CFR 89 as referred to in paragraph 10(1)(a), and

  • (d) in the case of transition engines that have a gross power of 56 kW to less than 75 kW,

    • (i) until December 31, 2018, the standards for Tier 3 engines set out in CFR 89 as referred to in paragraph 10(1)(a), and

  • (e) in the case of transition engines that have a gross power of 75 kW to less than 130 kW,

    • (i) until December 31, 2018, the standards for Tier 3 engines set out in CFR 89 as referred to in paragraph 10(1)(a), and

  • (f) in the case of transition engines that have a gross power of 130 kW to 560 kW,

    • (i) until December 31, 2017, the standards for Tier 3 engines set out in CFR 89 as referred to in paragraph 10(1)(a), and

  • (g) in the case of transition engines that have a gross power of more than 560 kW,

    • (i) until December 31, 2012, the standards for Tier 1 engines set out in CFR 89 as referred to in paragraph 10(1)(a),

    • (ii) until December 31, 2017, the standards for Tier 2 engines set out in CFR 89 as referred to in paragraph 10(1)(a), and

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• 1 (1) The following definitions apply in these Regulations.

  CFR

  CFR means chapter I of Title 40 of the Code of Federal Regulations of the United States as amended from time to time. (CFR)

  engine family

  engine family means an engine family as described in section 230, subpart C, of CFR 1039. (famille de moteurs)

  model year

  model year means the year, as determined under section 4, that is used by a manufacturer to designate a model of engine. (année de modèle)

  useful life

  useful life means the period of time or of use in respect of which an emission standard applies to an engine, as set out in section 104(a), subpart B, of CFR 89 or in section 101(g), subpart B, of CFR 1039. (durée de vie utile)

• (2) Standards that are incorporated by reference in these Regulations from the CFR are those expressly set out in the CFR and shall be read as excluding

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• (3) For the purposes of these Regulations, a reference in the CFR to

  • (a) “nonroad vehicle” and “nonroad equipment” shall be read as “machine”;

  • (b) “nonroad engine” shall be read as “engine”;

  • (c) “Tier” shall be read as “groupe” in the French version of these Regulations; and

  • (d) “phase-out” shall be read as “abandon progressif” in the French version of these Regulations.

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• (2) The annual report shall contain the following information:

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  • (b) with respect to each transition engine referred to in paragraph 13(1)(a) that is intended for use or sale in Canada,

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    • (v) a statement as to whether the engine will be installed in a machine model that is sold concurrently in Canada and in the United States;

  • (c) with respect to each transition engine referred to in paragraph 13(1)(b) and installed in or on a machine that is intended for use or sale in Canada,

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    • (v) a statement as to whether at least one machine of the same model as the one in which the engine is installed is sold concurrently in Canada and in the United States;

  • (d) if the company referred to in subsection (1) also imports or manufactures an engine — whether installed in or on a machine or not — that is intended for use or sale in Canada and that conforms to the standards referred to in section 9 to 11, 11.1, 12 or 14, with respect to the engine,

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    • (v) a statement as to whether the engine is installed in or on a machine; and

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• 17 (1) In the case of an engine other than one referred to in subsection 14(1), evidence of conformity for the purposes of paragraph 153(1)(b) of the Act in respect of a company shall consist of the following:

  • (a) with respect to a transition engine referred to in section 13 that is installed or will be installed in or on a machine of a model of which at least one machine is sold concurrently in Canada and in the United States,

    • (i) in the case of a transition engine referred to in paragraph 13(1)(a),

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      • (B) a document demonstrating that at least one machine of the same model as the one in which the engine will be installed is sold concurrently in Canada and in the United States,

    • (ii) in the case of a transition engine referred to in paragraph 13(1)(b),

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      • (B) a document demonstrating that at least one machine of the same model as the one in which the engine is installed is sold concurrently in Canada and in the United States,

  • (b) with respect to an engine other than one referred to in paragraph (a), evidence of conformity shall be obtained and produced by a company in a form and manner that is satisfactory to the Minister and shall include a copy of the label referred to in section 10.1, 11.1, 12 or 13, as the case may be.

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• (2) Subject to subsection (3), the standards referred to in subsection (1) apply for the useful life of the engine and include the test procedures, fuels and calculation methods set out in CFR 89 or CFR 1039, as the case may be, for the model year in question. For greater certainty, the certification standards described in section 120, subpart B, of CFR 89 or section 240, subpart C, of CFR 1039, as the case may be, apply to the model year in question.

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• (4) For the purposes of subparagraph (1)(b)(i), the applicable standards for interim Tier 4 engines that have a gross power category of 56 kW to less than 560 kW are the phase-out standards set out in tables 4 to 6, as applicable, to section 102, subpart B, of CFR 1039.

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