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

Interpretation

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

  Act

  Act means the Canadian Environmental Protection Act, 1999. (Loi)

  adjusted loaded vehicle weight

  adjusted loaded vehicle weight means the numerical average of a vehicle’s curb weight and its GVWR. (poids ajusté du véhicule chargé)

  approach angle

  approach angle means the smallest angle, in a plan side view of a vehicle, formed by the level surface on which the vehicle is standing and a line tangent to the front tire static loaded radius arc and touching the underside of the vehicle forward of the front tire. (angle d’approche)

  auxiliary emission control device

  auxiliary emission control device means any element of design that senses temperature, vehicle speed, engine RPM, transmission gear, manifold vacuum, or any other parameter for the purpose of activating, modulating, delaying, or deactivating the operation of any part of an emission control system. ((dispositif antipollution auxiliaire))

  auxiliary power unit

  auxiliary power unit means a device that is installed on a tractor and that is equipped with a diesel engine to generate power for purposes other than propelling the tractor. (groupe électrogène d’appoint)

  basic vehicle frontal area

  basic vehicle frontal area means the area enclosed by the geometric projection of the basic vehicle, which includes tires but does not include mirrors or air deflectors, along the longitudinal axis of the vehicle onto a plane perpendicular to that axis. (surface frontale du véhicule de base)

  break-over angle

  break-over angle means the supplement of the largest angle, in the plan side view of a vehicle, that can be formed by two lines tangent to the front and rear static loaded radii arcs and intersecting at a point on the underside of the vehicle. (angle de rampe)

  CFR

  CFR means the Code of Federal Regulations of the United States, as amended from time to time. (CFR)

  Class I motorcycle

  Class I motorcycle means a motorcycle having an engine displacement of less than 170 cm³. (motocyclette de classe I)

  Class II motorcycle

  Class II motorcycle means a motorcycle having an engine displacement of 170 cm³ or more but less than 280 cm³. (motocyclette de classe II)

  Class III motorcycle

  Class III motorcycle means a motorcycle having an engine displacement of 280 cm³or more. (motocyclette de classe III)

  Class 2B vehicle

  Class 2B vehicle means a heavy-duty vehicle that has a GVWR of more than 3 856 kg (8,500 lb) but less than or equal to 4 536 kg (10,000 lb). (véhicule de classe 2B)

  Class 3 vehicle

  Class 3 vehicle means a heavy-duty vehicle that has a GVWR of more than 4 536 kg (10,000 lb) but less than or equal to 6 350 kg (14,000 lb). (véhicule de classe 3)

  complete heavy-duty vehicle

  complete heavy-duty vehicle[Repealed, SOR/2015-186, s. 1]

  crankcase emissions

  crankcase emissions means substances that cause air pollution and that are emitted to the atmosphere from any portion of the engine crankcase ventilation or lubrication systems. (émissions du carter)

  curb weight

  curb weight means, at the manufacturer’s choice, the actual or manufacturer’s estimated weight of a vehicle in operational status with all standard equipment, the weight of fuel at nominal tank capacity and the weight of optional equipment. (masse en état de marche)

  departure angle

  departure angle means the smallest angle, in a plan side view of a vehicle, formed by the level surface on which the vehicle is standing and a line tangent to the rear tire static loaded radius arc and touching the underside of the vehicle rearward of the rear tire. (angle de sortie)

  diesel engine

  diesel engine means a type of engine that has operating characteristics significantly similar to those of the theoretical Diesel combustion cycle. The non-use of a throttle during normal operation is indicative of a diesel engine. (moteur diesel)

  diesel heavy-duty vehicle

  diesel heavy-duty vehicle means a heavy-duty vehicle that is powered by a diesel engine. (véhicule lourd diesel)

  element of design

  element of design means, in respect of a vehicle or engine,

  • (a) any control system, including computer software, electronic control systems and computer logic;

  • (b) any control system calibrations;

  • (c) the results of systems interaction; or

  • (d) any hardware items. (élément de conception)

  emission control system

  emission control system means a unique group of emission control devices, auxiliary emission control devices, engine modifications and strategies, and other elements of design used to control exhaust emissions from a vehicle. (système antipollution)

  engine family

  engine family means

  • (a) in respect of a company’s motorcycles,

    • (i) if they are covered by an EPA certificate, the grouping for which the EPA certificate was issued, or

    • (ii) if they are not covered by an EPA certificate, the grouping determined in accordance with section 420 of Title 40, chapter I, subchapter C, part 86, subpart E, of the CFR; and

  • (b) in respect of a company’s heavy duty engines,

    • (i) if they are covered by an EPA certificate, the grouping for which the EPA certificate was issued, or

    • (ii) if they are not covered by an EPA certificate, the grouping determined in accordance with section 24 of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR. (famille de moteurs)

  EPA

  EPA means the United States Environmental Protection Agency. (EPA)

  EPA certificate

  EPA certificate means a certificate of conformity to U.S. federal standards issued by the EPA under Title 40, chapter I, subchapter C, part 86, of the CFR. (certificat de l’EPA)

  evaporative emission family

  evaporative emission family means, in respect of a company’s vehicles, for the application of evaporative emission standards, the grouping determined in accordance with section 1821 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR. (famille d’émissions de gaz d’évaporation)

  evaporative emissions

  evaporative emissions means hydrocarbons emitted into the atmosphere from a vehicle, other than exhaust emissions and crankcase emissions. (émissions de gaz d’évaporation)

  exhaust emissions

  exhaust emissions means substances emitted into the atmosphere from any opening downstream from the exhaust port of a vehicle’s engine. (émissions de gaz d’échappement)

  family emission limit

  family emission limit means the maximum emission level established by a company for a test group, engine family or evaporative emission family. (limite d’émissions de la famille)

  Federal Test Procedure

  Federal Test Procedure means the test procedure described in sections 130(a) to (d) and (f) of Title 40, chapter I, subchapter C, part 86, subpart B, of the CFR, which is designed to measure urban driving exhaust emissions and evaporative emissions over the EPA Light-duty Urban Dynamometer Driving Schedule set out in Appendix I to part 86 of Title 40, chapter I, subchapter C, subpart T, of the CFR. (Federal Test Procedure)

  fire fighting vehicle

  fire fighting vehicle means a vehicle that is designed to be used under emergency conditions to transport personnel and equipment and to support the suppression of fires and the mitigation of other emergency situations. (véhicule d’incendie)

  full useful life emission bin

  full useful life emission bin means the set of exhaust emission standards, measured using the Federal Test Procedure, that is set out in a horizontal row in the following tables and that is chosen by a company in respect of a test group, taking into account any compliance credits used by the company in accordance with section 1811 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, if applicable:

  • (a) in the case of light-duty vehicles, light-duty trucks and medium-duty passenger vehicles of the 2016 model year or an earlier model year, in Table S04-1 in section 1811 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR;

  • (b) in the case of light-duty vehicles, light-duty trucks and medium-duty passenger vehicles of the 2017 model year or a later model year, in Table 2 in section 1811 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR; or

  • (c) in the case of the following vehicles of the 2018 model year or a later model year:

    • (i) Class 2B vehicles, in Tables 2 and 5 in section 1816 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, or

    • (ii) Class 3 vehicles, in Tables 3 and 5 in section 1816 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR. (série d’émissions de durée de vie totale)

  GVWR

  GVWR means the gross vehicle weight rating specified by a manufacturer as the maximum design loaded weight of a single vehicle. (PNBV)

  HC + NO_X

  HC + NO_X means the sum of the hydrocarbon and NO_X exhaust emissions. (HC + NO_X)

  heavy-duty engine

  heavy-duty engine means an engine designed to be used for motive power in a heavy-duty vehicle, other than a medium-duty passenger vehicle, Class 2B vehicle or Class 3 vehicle. (moteur de véhicule lourd)

  heavy-duty vehicle

  heavy-duty vehicle means an on-road vehicle that has a GVWR of more than 3 856 kg (8,500 lb). (véhicule lourd)

  heavy light-duty truck

  heavy light-duty truck means a light-duty truck 3 or a light-duty truck 4 that has a GVWR of more than 2 722 kg (6,000 lb). (camionnette lourde)

  light-duty truck

  light-duty truck means an on-road vehicle that has a GVWR of 3 856 kg (8,500 lb) or less and that

  • (a) is designed primarily for the transportation of property or is a derivative of a vehicle that is designed for that purpose;

  • (b) is designed primarily for the transportation of persons and has a designated seating capacity of more than 12 persons; or

  • (c) is available with special features that enable it to be operated and used off-road, the special features being four-wheel drive and at least four of the following characteristics that are calculated when the vehicle is at curb weight and on a level surface with the front wheels parallel to the vehicle’s longitudinal centreline and the tires are inflated to the manufacturer’s recommended pressure:

    • (i) an approach angle of not less than 28°,

    • (ii) a break-over angle of not less than 14°,

    • (iii) a departure angle of not less than 20°,

    • (iv) ground clearances of not less than 17.8 cm (7 in.) under the front and rear axles, and

    • (v) a ground clearance of not less than 20.3 cm (8 in.) under any point other than the front or rear axle. (camionnette)

  light-duty truck 1

  light-duty truck 1 means a light light-duty truck that has a loaded vehicle weight of 1 701 kg (3,750 lb) or less. (camionnette de type 1)

  light-duty truck 2

  light-duty truck 2 means a light light-duty truck that has a loaded vehicle weight of more than 1 701 kg (3,750 lb). (camionnette de type 2)

  light-duty truck 3

  light-duty truck 3 means a heavy light-duty truck that has an adjusted loaded vehicle weight of 2 608 kg (5,750 lb) or less. (camionnette de type 3)

  light-duty truck 4

  light-duty truck 4 means a heavy light-duty truck that has an adjusted loaded vehicle weight of more than 2 608 kg (5,750 lb). (camionnette de type 4)

  light-duty vehicle

  light-duty vehicle means an on-road vehicle that is designed primarily for the transportation of persons and has a designated seating capacity of not more than 12 persons. (véhicule léger)

  light light-duty truck

  light light-duty truck means a light-duty truck 1 or a light-duty truck 2 that has a GVWR of 2 722 kg (6,000 lb) or less. (camionnette légère)

  loaded vehicle weight

  loaded vehicle weight means the sum of the vehicle’s curb weight and 136 kg (300 lb). (poids du véhicule chargé)

  medium-duty passenger vehicle

  medium-duty passenger vehicle means a heavy-duty vehicle that has a GVWR of less than 4 536 kg (10,000 lb) and that is designed primarily for the transportation of persons but does not include any vehicle that

  • (a) is a truck that is incomplete because it does not have a primary load carrying device or container attached;

  • (b) has a seating capacity of more than 12 persons;

  • (c) is designed to seat more than 9 persons behind the driver; or

  • (d) is equipped with an open cargo area (for example, a pick-up truck box or bed) of 183 cm (72 in.) in interior length or more or with a covered box not readily accessible from the passenger compartment. (véhicule moyen à passagers)

  model year

  model year means the year, as determined under section 5, that is used by a manufacturer to designate a model of vehicle or engine. (année de modèle)

  motorcycle

  motorcycle means an on-road vehicle with a headlight, tail light and stoplight that has two or three wheels and a curb weight of 793 kg (1,749 lb) or less. (motocyclette)

  NMHC

  NMHC means non-methane hydrocarbon exhaust emissions. (HCNM)

  NMOG + NO_X

  NMOG + NO_X means the sum of the non-methane organic gas exhaust emissions and the NO_X exhaust emissions. (GONM + NO_X)

  nominal fuel tank capacity

  nominal fuel tank capacity means the volume of the fuel tank specified by the manufacturer to the nearest three eighths of a litre (one tenth of a U.S. gallon). (capacité nominale du réservoir à carburant)

  NOx

  NOx means oxides of nitrogen, which is the sum of nitric oxide and nitrogen dioxide contained in a gas sample as if the nitric oxide were in the form of nitrogen dioxide. (NOx)

  on-road vehicle

  on-road vehicle means a self-propelled vehicle designed for or capable of transporting persons, property, material or permanently or temporarily affixed apparatus on a highway, but does not mean a vehicle that

  • (a) cannot exceed a speed of 40 km/h (25 mph) on a level paved surface;

  • (b) lacks features customarily associated with safe and practical highway use such as a reverse gear, unless the vehicle is a motorcycle, a differential, or safety features required by federal or provincial laws;

  • (c) exhibits features that render its use on a highway unsafe, impractical, or highly unlikely, such as tracked road contact means or inordinate size; or

  • (d) is a military vehicle designed for use in combat or combat support. (véhicule routier)

  Otto-cycle engine

  Otto-cycle engine means a type of engine that has operating characteristics that are significantly similar to those of the theoretical Otto combustion cycle. The use of a throttle during normal operation is indicative of an Otto-cycle engine. (moteur à cycle Otto)

  Otto-cycle heavy-duty vehicle

  Otto-cycle heavy-duty vehicle means a heavy-duty vehicle that is powered by an Otto-cycle engine. (véhicule lourd à cycle Otto)

  rounded

  rounded means rounded in accordance with the rounding method described in section 6 of the ASTM International method ASTM E 29-93a, entitled Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications. (arrondir)

  static loaded radius arc

  static loaded radius arc means a portion of a circle whose centre is the centre of a standard tire-rim combination of a vehicle and whose radius is the distance from that centre to the level surface on which the vehicle is standing, measured with the vehicle at curb weight, the wheel parallel to the vehicle’s longitudinal centreline, and the tire inflated to the manufacturer’s recommended pressure. (arc du rayon sous charge)

  test group

  test group means, in respect of a company’s vehicles other than its motorcycles,

  • (a) if they are covered by an EPA certificate, the grouping for which the EPA certificate was issued; and

  • (b) if they are not covered by an EPA certificate, the grouping determined in accordance with section 1827 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR. (groupe d’essai)

  tractor

  tractor means a heavy-duty vehicle that has a GVWR of more than 11 793 kg (26,000 lb) and that is manufactured primarily for pulling a trailer but not for carrying cargo other than cargo in the trailer. (tracteur routier)

  useful life

  useful life, in respect of a vehicle or engine, means the period of time or use, whether full or intermediate, during which an emission standard applies as set out in the CFR. (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

  • (a) references to the EPA or the Administrator of the EPA exercising discretion in any way;

  • (b) alternative standards related to fleet averages, other averages, emission credits, small volume manufacturers, or financial hardship; and

  • (c) standards or evidence of conformity of any authority other than the EPA and, in the case of the standards referred to in paragraph 12(b), the California Air Resources Board.

1.1 For the purposes of these Regulations, a vehicle or engine of a specific model year that is sold in Canada is considered to be sold concurrently in Canada and in the United States if a vehicle or engine of that model year that belongs to the same test group or engine family is offered for sale in the United States during the 365 days preceding

• (a) in the case of a vehicle or engine that is imported into Canada, the day on which the vehicle or engine is imported; and

• (b) in the case of a vehicle or engine that is manufactured in Canada,

  • (i) the day on which the national emissions mark is applied to the vehicle or engine, if known, or

  • (ii) if the day referred to in subparagraph (i) is not known, the day on which the main assembly of the vehicle or the manufacture of the engine, as the case may be, was completed.

Purpose

2 The purpose of these Regulations is to

• (a) reduce emissions of hydrocarbons, carbon monoxide, oxides of nitrogen, formaldehyde and particulate matter from on-road vehicles and engines by establishing emission limits for those substances;

• (b) reduce emissions of the toxic substances 1-3 butadiene, acetaldehyde, acrolein and benzene through the establishment of emission limits for hydrocarbons from on-road vehicles and engines; and

• (c) establish emission standards and test procedures for on-road vehicles and engines that are aligned with those of the EPA.

Background

2.1 These Regulations set out

• (a) prescribed classes of on-road vehicles and engines for the purposes of section 149 of the Act;

• (b) requirements respecting the conformity of on-road vehicles and engines with emission standards for the purposes of sections 153 and 154 of the Act;

• (c) other requirements for carrying out the purposes of Division 5, Part 7 of the Act; and

• (d) a system of credits for the purposes of section 162 of the Act.

Application

3 Subject to subsection 24(7), these Regulations apply to vehicles whose main assembly is completed in Canada on or after January 1, 2004, to engines whose manufacture is completed in Canada on or after January 1, 2004 and to vehicles and engines that are imported into Canada on or after January 1, 2004.

4 [Repealed, SOR/2013-8, s. 3]

Model Year

• 5 (1) A year that is used by a manufacturer as a model year shall

  • (a) if the period of production of a model of vehicle or engine does not include January 1 of a calendar year, correspond to the calendar year during which the period of production falls; or

  • (b) if the period of production of a model of vehicle or engine includes January 1 of a calendar year, correspond to that calendar year.

• (2) The period of production of a model of vehicle or engine shall include only one January 1.

Prescribed Classes of Vehicles and Engines

• 6 (1) In these Regulations, subject to subsection (3), the following classes of vehicles are prescribed for the purposes of the definition vehicle in section 149 of the Act:

  • (a) light-duty vehicles;

  • (b) light light-duty trucks and heavy light-duty trucks;

  • (c) medium-duty passenger vehicles;

  • (d) Class 2B vehicles and Class 3 vehicles;

  • (e) heavy-duty vehicles other than medium-duty passenger vehicles, Class 2B vehicles and Class 3 vehicles; and

  • (f) motorcycles.

• (2) In these Regulations, subject to subsection (3), heavy-duty engines are prescribed for the purposes of the definition engine in section 149 of the Act.

• (3) The prescribed classes of vehicles and engines referred to in subsections (1) and (2) do not include

  • (a) any vehicle whose main assembly was completed 15 years or more before the date of its importation into Canada; or

  • (b) any vehicle or engine that is being exported and that is accompanied by written evidence establishing that it will not be sold for use or used in Canada.

• (4) For the purpose of section 152 of the Act, the prescribed vehicles and engines are the classes of vehicles referred to in subsection (1) whose main assembly is completed in Canada and the engines referred to in subsection (2) whose manufacture is completed in Canada, except

  • (a) any vehicle or engine that will be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing;

  • (b) any engine that is to be installed in a heavy-duty vehicle before the first retail sale of the vehicle; and

  • (c) any engine that is to be installed as a replacement in a heavy-duty vehicle that has a national emissions mark applied to it if the replacement engine

    • (i) is of the same model year as the original engine, and

    • (ii) is identical to the original engine in all respects material to emissions.

Application for Authorization to Apply National Emissions Mark

• 7 (1) Any company that intends to apply a national emissions mark to a vehicle or engine shall apply to the Minister to obtain an authorization in the form set out in Schedule 1.

• (2) The application to apply a national emissions mark shall be signed by a person who is authorized to act on behalf of the company and shall include

  • (a) the name and street address of the head office of the company and, if different, its mailing address;

  • (b) the classes of vehicles or engines for which the authorization is requested;

  • (c) the street address of the location at which the national emissions mark will be applied to the vehicles or engines;

  • (d) the street address where records referred to in section 38 will be maintained; and

  • (e) information to show that the company is capable of verifying compliance with the standards set out in these Regulations.

National Emissions Mark

• 8 (1) The national emissions mark is the mark set out in Schedule 2.

• (2) The national emissions mark shall be at least 7 mm in height and 10 mm in width.

• (3) The national emissions mark shall be located

  • (a) on or immediately beside the U.S. information label referred to in paragraph 35(1)(d); or

  • (b) on or immediately beside the compliance label applied in accordance with the Motor Vehicle Safety Regulations.

• (4) The national emissions mark shall be on a label that

  • (a) is permanently applied to the vehicle or engine;

  • (b) is resistant to or protected against any weather condition; and

  • (c) bears inscriptions that are legible, indelible and that are indented, embossed or in a colour that contrasts with the background of the label.

• (5) Subject to subsection (6), a company that has been authorized to apply the national emissions mark shall display the authorization number assigned by the Minister in figures that are at least 2 mm in height, immediately below or to the right of the national emissions mark.

• (6) A company is not required to display its authorization number if

  • (a) the company is authorized by the Minister of Transport to apply the national safety mark in accordance with the Motor Vehicle Safety Act;

  • (b) the company applies both the national emissions mark and the national safety mark to the vehicle; and

  • (c) the national emissions mark is on the same label as the national safety mark.

9 [Repealed, SOR/2013-8, s. 5]

10 [Repealed, SOR/2013-8, s. 5]

Standards for 2004 and Later Model Year Vehicles and Engines

Emission Control Systems

• 11 (1) An emission control system that is installed in a vehicle or engine to enable it to conform to the standards set out in these Regulations shall not

  • (a) in its operation, release a substance that causes air pollution and that would not have been released if the system were not installed; or

  • (b) in its operation or malfunction, make the vehicle unsafe or endanger persons or property in or near the vehicle.

• (2) No vehicle or engine shall be equipped with a defeat device.

• (2.1) Despite subsection (2), an ambulance, police vehicle or fire fighting 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, or

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

• (3) Subject to subsection (4), a defeat device is an auxiliary emission control device that reduces the effectiveness of the emission control system under conditions that may reasonably be expected to be encountered in normal vehicle operation and use.

• (4) An auxiliary emission control device is not a defeat device if

  • (a) the conditions referred to in subsection (3) are substantially included in the test procedures referred to in section 18;

  • (b) it is needed to protect the vehicle against damage or accident; or

  • (c) its use does not go beyond the requirements of engine starting.

Adjustable Parameters

• 11.1 (1) In this section, adjustable parameter means a device, system or element of design that is capable of being physically adjusted and as a result can affect emissions or the performance of a vehicle or an engine 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 vehicle or engine manufacturer or that is inaccessible with the use of ordinary tools.

• (2) A vehicle or engine that is equipped with adjustable parameters shall comply with the applicable standards under these Regulations for any specification within the physically adjustable range.

Light-duty Vehicles, Light Light-duty Trucks, Heavy Light-duty Trucks and Medium-duty Passenger Vehicles

12 Subject to sections 17.2, 19 and 19.1, a light-duty vehicle, light light-duty truck, heavy light-duty truck or medium-duty passenger vehicle of a specific model year shall

• (a) for the 2016 and earlier model years, conform to the exhaust emission and evaporative emission standards applicable to vehicles of the model year in question set out in section 1811 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR;

• (a.1) for the 2017 and later model years, conform to

  • (i) the exhaust emission standards applicable to vehicles of the model year in question set out in section 1811 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR,

  • (ii) the evaporative emission and refueling emission standards applicable to vehicles of the model year in question set out in section 1813 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, and

  • (iii) the family emission limit established by the company for the evaporative emission family to which the vehicle belongs, which shall not exceed the applicable family emission limit cap set out in section 1813 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR;

• (b) be equipped with an on-board diagnostic system that conforms to the standards applicable to vehicles of the model year in question set out in section 1806 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR; and

• (c) not release any crankcase emissions.

Class 2B Vehicles and Class 3 Vehicles

13 Subject to sections 17.2, 19 and 19.1, a Class 2B vehicle, other than a medium-duty passenger vehicle, and a Class 3 vehicle of a specific model year shall

• (a) for the 2005 to 2017 model years, conform to the exhaust emission and evaporative emission standards applicable to vehicles of the model year in question set out in section 1816 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR;

• (a.1) for the 2018 and later model years, conform to

  • (i) the exhaust emission standards applicable to vehicles of the model year in question set out in section 1816 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR,

  • (ii) the evaporative emission and refueling emission standards applicable to vehicles of the model year in question set out in section 1813 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, and

  • (iii) the family emission limit established by the company for the evaporative emission family to which the vehicle belongs, which shall not exceed the applicable family emission limit cap set out in section 1813 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR;

• (b) be equipped with an on-board diagnostic system that conforms to the standards applicable to vehicles of the model year in question set out in section 1806 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR; and

• (c) not release any crankcase emissions.

Heavy-duty Vehicles

14 Subject to sections 19 and 19.1, an Otto-cycle heavy-duty vehicle of a specific model year, other than a medium-duty passenger vehicle, Class 2B vehicle or Class 3 vehicle, shall

• (a) be equipped with a heavy-duty engine that meets the requirements of these Regulations; and

• (b) conform to

  • (i) for the 2017 and earlier model years, the evaporative emission standards applicable to vehicles of the model year in question set out in section 10 of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR, or

  • (ii) for the 2018 and later model years, the evaporative emission and refueling emission standards applicable to vehicles of the model year in question set out in section 103 of Title 40, chapter I, subchapter U, part 1037, subpart B, of the CFR.

• 15 (1) Subject to subsection (2) and sections 19 and 19.1, a diesel heavy-duty vehicle of a specific model year, other than a medium-duty passenger vehicle, shall

  • (a) be equipped with a heavy-duty engine that meets the requirements of these Regulations; and

  • (b) conform to the evaporative emission and refueling emission standards applicable to diesel heavy-duty vehicles of the model year in question set out in section 1813 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR.

• (2) A vehicle referred to in subsection (1) that has a GVWR of 6 350 kg (14,000 lb) or less may conform to the standards applicable to vehicles of the model year in question referred to in section 1863 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR instead of the standards described in subsection (1).

Tractors Equipped with Auxiliary Power Unit

15.1 Tractors of the 2021 and later model years that are equipped with an auxiliary power unit must, in respect of that unit, conform to the following particulate matter exhaust emission standards for the model year of tractor in question for the duration of the unit’s useful life, which is set out in section 101(g) of Title 40, chapter I, subchapter U, part 1039, subpart B, of the CFR:

• (a) for the 2021 to 2023 model years, the particulate matter exhaust emission standard set out in section 106(g)(1) of Title 40, chapter I, subchapter U, part 1037, subpart B, of the CFR; and

• (b) for the 2024 and later model years, the particulate matter exhaust emission standard set out in section 699 of Title 40, chapter I, subchapter U, part 1039, subpart G, of the CFR.

Heavy-duty Engines

• 16 (1) Subject to sections 19 and 19.1, Otto-cycle heavy-duty engines of a specific model year shall conform to the exhaust emission and crankcase emission standards applicable to Otto-cycle heavy-duty engines of the model year in question set out in section 10 of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR.

• (2) Subject to sections 19 and 19.1, diesel heavy-duty engines of a specific model year shall conform to the exhaust emission and crankcase emission standards applicable to diesel heavy-duty engines of the model year in question set out in section 11 of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR.

• (3) Subject to sections 19 and 19.1, heavy-duty engines of a specific model year used or intended for use in heavy-duty vehicles that have a GVWR of 6 350 kg (14,000 lb) or less shall be equipped with an on-board diagnostic system that conforms to the standards applicable to engines of the model year in question set out in section 17 of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR.

• (4) Subject to sections 19 and 19.1, heavy-duty engines of the 2014 and later model years used or intended for use in heavy-duty vehicles that have a GVWR of more than 6 350 kg (14,000 lb) shall be equipped with an on-board diagnostic system that conforms to the standards applicable to engines of the model year in question set out in section 18 of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR.

Motorcycles

17 Subject to sections 17.1, 19, 19.1 and 32.2, motorcycles of a specific model year

• (a) shall conform to the exhaust emission and evaporative emission standards applicable to motorcycles of the model year in question set out in section 410 of Title 40, chapter I, subchapter C, part 86, subpart E, of the CFR; and

• (b) shall not release any crankcase emissions.

• 17.1 (1) A company that manufactures or imports fewer than 200 motorcycles for sale in Canada per year and has fewer than 500 employees worldwide is exempt from the requirement to conform to the HC+NO_x emission standard set out in the section of the CFR that is referred to in paragraph 17(a) in respect of its Class III motorcycles of the 2006 and 2007 model years that conform to the hydrocarbon emission standard referred to in that section and applicable to 2005 model year motorcycles.

• (2) A company that manufactures or imports fewer than 200 motorcycles for sale in Canada per year and has fewer than 500 employees worldwide is exempt from the requirement to conform to the HC+NO_x emission standard set out in the section of the CFR that is referred to in paragraph 17(a) in respect of its Class III motorcycles of the 2010 and later model years that conform to the HC+NO_x emission standard referred to in that section and applicable to 2009 model year motorcycles.

• (3) A company that manufactures or imports fewer than 200 motorcycles for sale in Canada per year and having fewer than 500 employees worldwide is exempt from the requirement to conform to the applicable evaporative emission standards set out in the section of the CFR that is referred to in paragraph 17(a) in respect of its 2008 and 2009 model year motorcycles.

Phase-in Standards — Particulate Matter

• 17.2 (1) Subject to subsection (3), for the purposes of subparagraphs 12(a.1)(i) and 13(a.1)(i), the particulate matter exhaust emission standards set out in section 1811 or 1816 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, as the case may be, apply to a percentage of a company’s vehicles referred to in section 12 or 13 of a specific model year, in accordance with subsection (5) or (6).

• (2) For the purposes of subsection (1), a company shall group its vehicles together as follows:

  • (a) in the case of the vehicles referred to in section 12

    • (i) for the 2017 model year, all of its light-duty vehicles and light light-duty trucks of that model year, and

    • (ii) for the 2018 and later model years, all of its light-duty vehicles, light-duty trucks and medium-duty passenger vehicles of the model year in question; and

  • (b) in the case of the vehicles referred to in section 13, for the 2018 and later model years, all of its Class 2B vehicles and Class 3 vehicles of the model year in question.

• (3) For the 2017 to 2021 model years, a company shall calculate the percentage of its vehicles of a specific model year in a given group that conform to the standards referred to in subsection (1) unless each vehicle in the group

  • (a) is covered by an EPA certificate, conforms to the particulate matter exhaust emission standards referred to in the EPA certificate and is of a model that is sold in greater numbers in the United States than in Canada; or

  • (b) conforms to the particulate matter exhaust emission standard set out in Table 1 in section 1811 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR or Table 1 in section 1816 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, as applicable, whether or not it is covered by an EPA certificate.

• (4) In determining the number of vehicles of a given group that are to meet the particulate matter exhaust emission standards referred to in subsection (1), in accordance with the applicable percentage, a company may exclude from the group all of its vehicles that are covered by an EPA certificate and that are of a model that is sold in greater numbers in the United States than in Canada.

• (5) Subject to subsection (6), the percentage of vehicles of a specific model year in a given group that conform to the applicable particulate matter exhaust emission standards shall be greater than or equal to the percentage set out in column 2 of the table to this subsection for the applicable model year set out in column 1.

  	Column 1	Column 2
  Item	Model Year	Percentage
  1	2017	20
  2	2018	20
  3	2019	40
  4	2020	70
  5	2021 and later	100

• (6) A company may elect not to comply with subsection (5) for the 2017 to 2020, 2018 to 2020 or 2019 to 2020 model years if

  • (a) the total percentage of vehicles of the group for all of the applicable consecutive model years set out in column 1 of the table to this subsection that conform to the particulate matter exhaust emission standards is greater than or equal to the percentage set out in column 2 for those consecutive model years; and

  • (b) the company notifies the Minister of its election before January 1 of the calendar year that corresponds to the first of the applicable consecutive model years set out in column 1 of the table to this subsection.

  	Column 1	Column 2
  Item	Consecutive Model Years	Percentage
  1	2017 to 2020	38
  2	2018 to 2020	44
  3	2019 to 2020	55

• (7) For greater certainty, all companies shall comply with subsection (5) for the 2021 and later model years.

Interpretation of Standards

18 The standards referred to in sections 11 to 17 are the certification and in-use standards set out in the CFR for the applicable useful life and include the test procedures, fuels, calculation methods, compliance credits and allowances set out in the CFR for those standards.

Vehicles or Engines Covered by an EPA Certificate

• 19 (1) Every vehicle or engine of a specific model year that is covered by an EPA certificate and bears the U.S. emission control information label referred to in paragraph 35(1)(d) may, if the company so chooses, conform to, instead of the standards set out in sections 11 to 17, the certification and in-use standards referred to in the EPA certificate.

• (2) For the purposes of subsection 153(3) of the Act, the provisions of the CFR that are applicable to a vehicle or engine referred to in subsection (1) pursuant to the EPA certificate correspond to the certification and in-use standards referred to in subsection (1).

• (3) For the purposes of subsection 153(3) of the Act, the EPA is the prescribed agency.

Vehicles Equivalent to Vehicles Covered by an EPA Certificate

• 19.1 (1) A vehicle of a specific model year that is not covered by an EPA certificate may be considered equivalent to a vehicle that is covered by an EPA certificate if a company submits the evidence of conformity referred to in section 35.1 in respect of that vehicle instead of the evidence of conformity referred to in section 36.

• (2) The equivalency of a vehicle is determined by the Minister on the basis of the evidence of conformity referred to in section 35.1.

• (3) Every vehicle of a specific model year that is determined to be equivalent to a vehicle covered by an EPA certificate and that is sold in Canada during the period for which that EPA certificate is valid in the United States shall conform to, instead of the standards set out in sections 11 to 17, the certification and in-use standards referred to in that EPA certificate.

Fleet Average Standards

General

20 In sections 21 to 32, fleet refers to the vehicles of a specific model year that a company manufactures in Canada, or imports into Canada, for the purpose of sale to the first retail purchaser and that are grouped for the purpose of conforming to sections 21 to 23, 24.1 to 24.4, 24.6, 24.7 and 24.10 or for the purpose of participation in the emission credit system set out in sections 26 to 31.1.

Fleet Average NO_X Standards

21 The average NO_X value for a company’s fleet that is composed of all of its light-duty vehicles and light light-duty trucks of a model year set out in column 1 of the table to this section shall not exceed the applicable fleet average NO_X standard set out in column 2.

22 The average NO_X value for a company’s fleet that is composed of all of its heavy light-duty trucks and medium-duty passenger vehicles of a model year set out in column 1 of the table to this section shall not exceed the applicable fleet average NO_X standard set out in column 2.

• 23 (1) For the 2009 to 2016 model years, the average NO_X value for a company’s fleet that is composed of all of its light-duty vehicles, light-duty trucks and medium-duty passenger vehicles of the model year in question shall not exceed 0.07 grams per mile.

• (2) For the 2017 model year, the average NO_X value for a company’s fleet that is composed of all of its heavy light-duty trucks and medium-duty passenger vehicles of that model year shall not exceed 0.07 grams per mile.

Calculation of Fleet Average NOx Values

• 24 (1) Subject to section 25, for each of its fleets referred to in sections 21 to 23, a company shall calculate the average NOx value in accordance with the following formula:

  [Σ (A x B)]/C

  where

  A

  is the NOx emission standard for each full useful life emission bin,

  B

  is the number of vehicles in the fleet that conform to that NOx emission standard, and

  C

  is the total number of vehicles in the fleet.

• (2) The average NOx value for the fleet shall be rounded to the same number of significant figures that are contained in the total number of vehicles in the fleet in the denominator in subsection (1), but to at least three decimal places.

• (3) If a company’s fleet includes any hybrid electric vehicle that is covered by an EPA certificate, the average NOx value calculated under subsection (1) may be lowered by applying one or more hybrid electric vehicle NOx contribution factors as long as

  • (a) each factor has been approved by the EPA in accordance with the provisions of the CFR;

  • (b) each factor is applied in the same manner as it is applied by the EPA; and

  • (c) evidence of the EPA approval is provided to the Minister in the end of model year report referred to in section 32.

• (4) Subject to subsection (5), in respect of any of its vehicles that conform to a NO_X emission standard for an extended useful life of 150,000 miles, a company may, in the formula in subsection (1), replace that standard, for each of those vehicles, with that standard multiplied by 0.85, rounded to at least three decimal places.

• (5) A company may only replace a NOx emission standard as described in subsection (4) if the vehicle complies with any standards that may be applicable at the intermediate useful life.

• (6) In respect of the 2004 and 2005 model years, a company may multiply by 2 the number of vehicles that conform to full useful life emission bin 1, and multiply by 1.5 the number of vehicles that conform to full useful life emission bin 2, when calculating one of the following:

  • (a) the denominator in subsection (1); or

  • (b) “total number of vehicles in the fleet” in the equation for calculating credits in subsection 26(2).

• (7) When calculating the average NO_x value under subsection (1) for a fleet of the 2004 model year, a company may include all vehicles of that model year, including those whose main assembly was completed before January 1, 2004.

Fleet Average NMOG + NO_X Standards — 2017 and Later Model Years

Light-duty Vehicles, Light-duty Trucks and Medium-duty Passenger Vehicles

• 24.1 (1) Subject to subsection (2), for the 2017 to 2024 model years, the average NMOG + NO_X value for each of the following fleets of a specific model year shall not exceed the applicable fleet average NMOG + NO_X standard set out for the model year in question in Tables 3 and 4 of section 1811 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR:

  • (a) a company’s fleet that is composed of all of its light-duty vehicles and light-duty trucks 1 to which the applicable NMOG + NO_X standard applies for a useful life of 120,000 miles;

  • (b) a company’s fleet that is composed of all of its light-duty vehicles and light-duty trucks 1 to which the applicable NMOG + NO_X standard applies for a useful life of 150,000 miles; and

  • (c) a company’s fleet that is composed of all of its light-duty trucks 2, heavy light-duty trucks and medium-duty passenger vehicles.

• (2) For the 2017 model year, the fleet referred to in paragraph (1)(c) is composed only of all of a company’s light-duty trucks 2.

24.2 For the 2025 and later model years, the average NMOG + NO_X value for each of the following fleets of a specific model year shall not exceed the applicable fleet average NMOG + NO_X standard set out in Table 1 of section 1811 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR:

• (a) a company’s fleet that is composed of all of its light-duty vehicles and light-duty trucks 1 to which the applicable NMOG + NO_X standard applies for a useful life of 120,000 miles;

• (b) a company’s fleet that is composed of all of its light-duty vehicles and light-duty trucks 1 to which the applicable NMOG + NO_X standard applies for a useful life of 150,000 miles; and

• (c) a company’s fleet that is composed of all of its light-duty trucks 2, heavy light-duty trucks and medium-duty passenger vehicles.

Class 2B Vehicles and Class 3 Vehicles

24.3 For the 2018 to 2021 model years, the average NMOG + NO_X value for each fleet that is composed of all of a company’s Class 2B vehicles or all of a company’s Class 3 vehicles of a specific model year shall not exceed the applicable fleet average NMOG + NO_X standard set out for the model year in question in Table 4 of section 1816 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR.

24.4 For the 2022 and later model years, the average NMOG + NO_X value for each fleet that is composed of all of a company’s Class 2B vehicles or all of a company’s Class 3 vehicles of a specific model year shall not exceed the applicable fleet average NMOG + NO_X standard set out in Table 1 of section 1816 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR.

Calculation of Fleet Average NMOG + NO_X Values

• 24.5 (1) Subject to section 25.1, for each of a company’s fleets referred to in sections 24.1 to 24.4, the company shall calculate the average NMOG + NO_X value in accordance with the following formula:

  [Σ (A × B)]/C

  where

  A

  is the NMOG + NO_X standard for each full useful life emission bin;

  B

  is the number of vehicles in the fleet that conform to the NMOG + NO_X standard for the full useful life emission bin in question; and

  C

  is the total number of vehicles in the fleet.

• (2) The average NMOG + NO_X value for the fleet shall be rounded to the same number of significant figures that are contained in the total number of vehicles in the fleet in the denominator in subsection (1), but to at least three decimal places.

Fleet Average Cold NMHC Standards

24.6 For the 2017 and later model years, the average cold NMHC value for a company’s fleet that is composed of all of its light-duty vehicles and light light-duty trucks of a specific model year that are fueled by gasoline shall not exceed the applicable fleet average cold NMHC standard set out in Table 5 to section 1811 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR.

24.7 For the 2017 and later model years, the average cold NMHC value for a company’s fleet that is composed of all of its heavy light-duty trucks and medium-duty passenger vehicles of a specific model year that are fueled by gasoline shall not exceed the fleet average cold NMHC standard set out for heavy light-duty trucks in Table 5 to section 1811 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR.

Calculation of Fleet Average Cold NMHC Values

• 24.8 (1) Subject to section 25.2, for each of a company’s fleets referred to in sections 24.6 and 24.7, the company shall calculate the average cold NMHC value in accordance with the following formula:

  [Σ (A × B)]/C

  where

  A

  is the family emission limit for cold NMHC for each test group;

  B

  is the number of vehicles in the fleet that conform to the family emission limit for the test group in question; and

  C

  is the total number of vehicles in the fleet.

• (2) The average cold NMHC value for the fleet shall be rounded to one decimal place.

Fleet Average Evaporative Emission Standards

24.9 For the purposes of sections 24.10, 24.11, 25.3, 26.3, 27 and 28, for vehicles of a specific model year, the following groupings are considered to constitute separate fleets for the purpose of evaporative emission averaging:

• (a) all of a company’s light-duty vehicles and light-duty trucks 1;

• (b) all of a company’s light-duty trucks 2;

• (c) all of a company’s heavy light-duty trucks and medium-duty passenger vehicles; and

• (d) all of a company’s Class 2B vehicles and Class 3 vehicles.

• 24.10 (1) The average evaporative emission value for the following fleets of a specific model year shall not exceed the applicable fleet average evaporative emission standards set out in Table 1 of section 1813 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR for the percentage of vehicles of the model year in question referred to in subsection (5) or (6):

  • (a) for the 2017 and later model years, a company’s fleet of light-duty vehicles and light-duty trucks 1 and a company’s fleet of light-duty trucks 2; and

  • (b) for the 2018 and later model years, a company’s fleet of heavy light-duty trucks and medium-duty passenger vehicles and a company’s fleet of Class 2B vehicles and Class 3 vehicles.

• (2) For the 2017 to 2022 model years, a company shall calculate the percentage of its vehicles of the model year in question in a given fleet that conform to the applicable standards referred to in subsection (1) unless each vehicle in the fleet

  • (a) is covered by an EPA certificate, conforms to the evaporative emission standards referred to in the EPA certificate and is of a model that is sold in greater numbers in the United States than in Canada; or

  • (b) conforms to the applicable evaporative emission standards set out in Table 1 of section 1813 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, whether or not it is covered by an EPA certificate.

• (3) For the 2017 to 2022 model years, a company may, in calculating the percentage of its vehicles of the model year in question in a given fleet that conform to the applicable standards referred to in subsection (1), take into account the allowances set out in section 1813(g)(1) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR.

• (4) In determining the number of vehicles in a given fleet that are to meet the evaporative emission standards referred to in subsection (1), in accordance with the applicable percentage, a company may exclude from the fleet all of its vehicles that are covered by an EPA certificate and that are of a model that is sold in greater numbers in the United States than in Canada.

• (5) Subject to subsection (6), the percentage of vehicles of a specific model year in a given fleet that meet the evaporative emission standards referred to in subsection (1) shall be greater than or equal to the percentage set out in Table 3 of section 1813 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR for the model year in question and, for the 2023 and later model years, 100 percent of the vehicles of the model year in question in a fleet shall meet the applicable evaporative emission standards.

• (6) A company may elect not to comply with subsection (5) for the 2017 to 2021, 2018 to 2021, 2019 to 2021 or 2020 to 2021 model years if

  • (a) the total percentage of vehicles in the fleet for all of the applicable consecutive model years set out in column 1 of the table to this subsection that conform to the evaporative emission standards is greater than or equal to the percentage set out in column 2 for those consecutive model years; and

  • (b) the company notifies the Minister of its election before January 1 of the calendar year that corresponds to the first of the applicable consecutive model years set out in column 1 of the table to this subsection.

  	Column 1	Column 2
  Item	Consecutive Model Years	Percentage
  1	2017 to 2021	65
  2	2018 to 2021	70
  3	2019 to 2021	74
  4	2020 to 2021	80

• (7) For greater certainty, all companies shall comply with subsection (5) for the 2022 and later model years.

Calculation of Fleet Average Evaporative Emission Values

• 24.11 (1) Subject to section 25.3, for each of a company’s fleets referred to in section 24.10, the company shall calculate the average evaporative emission value in accordance with the following formula:

  [Σ (A × B)]/C

  where

  A

  is the family emission limit for each evaporative emission family;

  B

  is the number of vehicles in the fleet that conform to the family emission limit for the evaporative emission family in question; and

  C

  is the total number of vehicles in the fleet.

• (2) The average evaporative emission value for the fleet shall be rounded to one decimal place.

Election Not to Calculate Fleet Average

• 25 (1) A company may elect not to calculate an average NOx value for a fleet of a specific model year if every vehicle in that fleet conforms to a full useful life emission bin that has a NOx standard equal to or less than the applicable fleet average NOx standard for that model year that is set out in section 21, 22 or 23.

• (2) For the purposes of section 26, subparagraph 32(2)(a)(ii) and paragraph 37(1)(c), the average NO_X value in respect of a fleet of a model year for which a company makes an election under subsection (1) shall be the fleet average NO_X standard applicable to the fleet for which the election was made.

• 25.1 (1) A company may elect not to calculate an average NMOG + NO_X value for a fleet of a specific model year if every vehicle in that fleet conforms to a full useful life emission bin that has a NMOG + NO_X standard equal to or less than the applicable fleet average NMOG + NO_X standard for the model year in question that is referred to in section 24.1 or 24.2.

• (2) For the purposes of section 26.1, subparagraph 32(2)(b)(ii) and paragraph 37(1)(c), the average NMOG + NO_X value in respect of a fleet of a model year for which a company makes an election under subsection (1) shall be the fleet average NMOG + NO_X standard applicable to the fleet for which the election was made.

• 25.2 (1) A company may elect not to calculate an average cold NMHC value for a fleet of a specific model year if every vehicle in that fleet conforms to a cold NMHC family emission limit that is equal to or less than the applicable fleet average cold NMHC standard for the model year in question that is referred to in section 24.6 or 24.7.

• (2) For the purposes of section 26.2, subparagraph 32(2)(c)(ii) and paragraph 37(1)(c), the average cold NMHC value in respect of a fleet of a model year for which a company makes an election under subsection (1) shall be the fleet average cold NMHC standard applicable to the fleet for which the election was made.

• 25.3 (1) A company may elect not to calculate an average evaporative emission value for a fleet of a specific model year if every vehicle in that fleet conforms to a family emission limit for an evaporative emission family and that family emission limit is equal to or less than the applicable fleet average evaporative emission standard for the model year in question referred to in section 24.10.

• (2) For the purposes of section 26.3, subparagraph 32(2)(d)(ii) and paragraph 37(1)(c), the average evaporative emission value in respect of a fleet of a model year for which a company makes an election under subsection (1) shall be the fleet average evaporative emission standard applicable to the fleet for which the election was made.

Emission Credits

NO_X Emission Credits

• 26 (1) For the purposes of subparagraph 162(1)(b)(i) of the Act, a company shall obtain NO_X emission credits for its fleets of the 2017 and earlier model years if the average NO_X value in respect of a fleet of a specific model year is lower than the fleet average NO_X standard for the model year in question and the company reports the credits in its end of model year report.

• (2) NOx emission credits, expressed in units of vehicle-grams per mile, shall be calculated using the following formula, rounding the result to the nearest whole number:

  (A - B) x C

  where

  A

  is the fleet average NOx standard

  B

  is the average NOx value in respect of the fleet, and

  C

  is the total number of vehicles in the fleet.

• (3) The NOx emission credits for a specific model year are credited on the last day of that model year.

NMOG + NO_X Emission Credits

• 26.1 (1) For the purposes of subparagraph 162(1)(b)(i) of the Act, a company shall obtain NMOG + NO_X emission credits for its fleets of the 2017 and later model years if the average NMOG + NO_X value in respect of a fleet of a specific model year is lower than the fleet average NMOG + NO_X standard for the model year in question and the company reports the credits in its end of model year report.

• (2) NMOG + NO_X emission credits, expressed in units of vehicle-grams per mile, shall be calculated using the following formula, rounding the result to the nearest whole number:

  (A – B) × C

  where

  A

  is the fleet average NMOG + NO_X standard;

  B

  is the average NMOG + NO_X value in respect of the fleet; and

  C

  is the total number of vehicles in the fleet.

• (3) The NMOG + NO_X emission credits for a specific model year are credited on the last day of the model year in question.

Cold NMHC Emission Credits

• 26.2 (1) For the purposes of subparagraph 162(1)(b)(i) of the Act, a company shall obtain cold NMHC emission credits for its fleets of the 2017 and later model years if the average cold NMHC value in respect of a fleet of a specific model year is lower than the fleet average cold NMHC standard for the model year in question and the company reports the credits in its end of model year report.

• (2) Cold NMHC emission credits, expressed in units of vehicle-grams per mile, shall be calculated using the following formula, rounding the result to the nearest whole number:

  (A – B) × C

  where

  A

  is the fleet average cold NMHC standard;

  B

  is the average cold NMHC value in respect of the fleet; and

  C

  is the total number of vehicles in the fleet.

• (3) The cold NMHC emission credits for a specific model year are credited on the last day of the model year in question.

Evaporative Emission Credits

• 26.3 (1) For the purposes of subparagraph 162(1)(b)(i) of the Act, a company shall obtain evaporative emission credits for its fleets of the 2017 and later model years if the average evaporative emission value in respect of a fleet of a specific model year is lower than the fleet average evaporative emission standard for the model year in question and the company reports the credits in its end of model year report.

• (2) Evaporative emission credits, expressed in units of vehicle-grams per mile, shall be calculated using the following formula, rounding the result to the nearest whole number:

  (A – B) × C

  where

  A

  is the fleet average evaporative emission standard;

  B

  is the average evaporative emission value in respect of the fleet; and

  C

  is the total number of vehicles in the fleet.

• (3) The evaporative emission credits for a specific model year are credited on the last day of the model year in question.

Early Action NMOG + NO_X Emission Credits

• 26.4 (1) A company may obtain early action credits in respect of its fleet that is composed of all of its light-duty vehicles and light-duty trucks 1 of the 2015 or 2016 model year if the average NMOG + NO_X value in respect of the fleet of the model year in question is lower than 0.16 grams per mile and the company reports the credits in its 2017 end of model year report.

• (2) Early action credits obtained in respect of the fleet are calculated in accordance with subsection 26.1(2), except that the fleet average NMOG + NO_X standard in the description of A is 0.16 grams per mile.

• (3) Early action credits obtained for the 2015 and 2016 model years are credited on the day on which the company’s 2017 end of model year report is submitted.

• (4) Early action credits obtained for the 2015 and 2016 model years may be used as of the 2017 model year but only in respect of a fleet that is composed of all of the company’s light-duty vehicles and light-duty trucks 1 of any of the five model years after the model year in respect of which the credits were credited, after which the credits are no longer valid.

• 26.5 (1) A company may obtain early action credits in respect of its fleet that is composed of all of its light-duty trucks 2, heavy light-duty trucks and medium-duty passenger vehicles of the 2016 or 2017 model year if the average NMOG + NO_X value in respect of the fleet of the model year in question is lower than 0.16 grams per mile and the company reports the credits in its 2018 end of model year report.

• (2) Early action credits obtained in respect of the fleet are calculated in accordance with subsection 26.1(2), except that the fleet average NMOG + NO_X standard in the description of A is 0.16 grams per mile.

• (3) Early action credits obtained for the 2016 and 2017 model years are credited on the day on which the company’s 2018 end of model year report is submitted.

• (4) Early action credits obtained for the 2016 and 2017 model years may be used as of the 2018 model year but only in respect of a fleet that is composed of all of the company’s light-duty trucks 2, heavy light-duty trucks and medium-duty passenger vehicles of any of the five model years after the model year in respect of which the credits were credited, after which the credits are no longer valid.

• 26.6 (1) A company may obtain early action credits in respect of its fleet that is composed of all of its Class 2B vehicles or all of its Class 3 vehicles of the 2016 or 2017 model year if the average NMOG + NO_X value in respect of a fleet of the model year in question is lower than the applicable fleet average NMOG + NO_X standard for the model year in question set out in Table 4 of section 1816 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR and the company reports the credits in its 2018 end of model year report.

• (2) Early action credits obtained in respect of the fleet are calculated in accordance with subsection 26.1(2).

• (3) Early action credits obtained for the 2016 and 2017 model years are credited on the day on which the company’s 2018 end of model year report is submitted.

• (4) Early action credits obtained for the 2016 and 2017 model years may be used as of the 2018 model year but only in respect of a fleet that is composed of all of the company’s Class 2B vehicles or all of its Class 3 vehicles of any of the five model years after the model year in respect of which the credits were credited, after which the credits are no longer valid.

Emission Deficit

• 27 (1) Subject to subsection (2), NO_X, NMOG + NO_X, cold NMHC or evaporative emission credits, as the case may be, obtained in respect of a fleet of a specific model year shall be used by the company to offset any NO_X, NMOG + NO_X, cold NMHC or evaporative emission deficit, as the case may be, referred to in section 28, and any remaining credits may be used to offset a future deficit or, except in the case of early action credits, may be transferred to another company.

• (2) NO_X emission credits obtained in respect of a fleet of a specific model year may only be used to offset a NO_X emission deficit for the 2017 model year or an earlier model year.

28 Subject to section 31 or 31.1, if a company’s average NO_X, NMOG + NO_X, cold NMHC or evaporative emission value, as the case may be, in respect of a fleet of a specific model year is higher than the fleet average NO_X, NMOG + NO_X, cold NMHC or evaporative emission standard for the model year in question, the company shall calculate the value of the NO_X, NMOG + NO_X, cold NMHC or evaporative emission deficit incurred in that model year using the formula set out in subsection 26(2), 26.1(2), 26.2(2) or 26.3(2), as the case may be.

• 29 (1) Subject to subsection 27(2), a company shall offset a NO_X emission deficit no later than the date on which the company submits the end of model year report for the third model year after the model year in which the deficit was incurred.

• (2) Subject to subsection (3), a company may offset a NOx emission deficit with an equivalent number of NOx emission credits obtained in accordance with section 26 or obtained from another company.

• (3) If any part of a NOx emission deficit for a specific model year is outstanding following the submission of the end of model year report for the second model year after the model year in which the deficit was incurred, the number of NOx emission credits required to offset that outstanding deficit in the next model year is 120% of the deficit.

• 29.1 (1) A company shall offset a NMOG + NO_X, cold NMHC or evaporative emission deficit no later than the date on which the company submits the end of model year report for the third model year after the model year in which the deficit was incurred.

• (2) A company may offset a NMOG + NO_X, cold NMHC or evaporative emission deficit with an equivalent number of NMOG + NO_X, cold NMHC or evaporative emission credits, as the case may be, obtained in accordance with section 26.1, 26.2 or 26.3 or obtained from another company.

• 30 (1) A company that acquires another company or that results from a merger of companies is responsible for offsetting, in accordance with section 29 or 29.1, any emission deficits of the acquired company or merged companies.

• (2) In the case of a company that ceases to manufacture, import or sell light-duty vehicles, light-duty trucks, medium-duty passenger vehicles, Class 2B vehicles or Class 3 vehicles, the company shall, no later than three calendar years after submitting its last end of model year report, offset all emission deficits that are outstanding at the time that it ceases those activities.

Election for Vehicles Covered by an EPA Certificate

• 31 (1) Subject to subsection (8), a company may elect to exclude the group of vehicles in a fleet that are covered by an EPA certificate and that are sold concurrently in Canada and the United States from the requirement to meet the standards set out in section 21, 22 or 23, as the case may be, and from the NO_X emission deficit calculations in respect of a fleet under section 28.

• (2) Subject to subsection (3), a company shall include in the group referred to in subsection (1) all of the vehicles of the fleet that are covered by an EPA certificate and that are sold concurrently in Canada and the United States.

• (3) A company shall not include in the group referred to in subsection (1) any vehicle that is covered by an EPA certificate and

  • (a) in respect of which the total number of units sold in Canada exceeds the total number of units sold in the United States that are covered by the same EPA certificate; and

  • (b) that conforms to a full useful life emission bin having a NOx standard that is greater than the applicable fleet average NOx standard for the model year in respect of which the election is made.

• (4) Subject to subsection (5), if a company makes an election under subsection (1), it shall calculate an average NOx value in accordance with section 24, with the necessary modifications, in respect of

  • (a) the group that is subject to the election; and

  • (b) the vehicles in the fleet that are not part of the group referred to in paragraph (a), if any.

• (5) A company may elect not to make the calculations referred to in subsection (4) for a group of vehicles described in paragraph (4)(a) or (b) if every vehicle in the group conforms to a full useful life emission bin having a NOx standard equal to or less than the fleet average NOx standard that would otherwise apply under section 21, 22 or 23, as the case may be.

• (6) If a company makes an election under subsection (5) the average NOx emission value for the group of vehicles of a fleet for which the election was made shall be the applicable fleet average NOx standard.

• (7) If a company makes the election referred to in subsection (1) and the average NOx value for the group that is subject to the election, calculated under paragraph (4)(a) exceeds the fleet average NOx standard that would otherwise apply under section 21, 22 or 23, as the case may be, the company shall

  • (a) forfeit any NOx emission credits obtained in previous model years; and

  • (b) not obtain any NOx emission credits in the model year in respect of which the election was made.

• (8) A company shall not make the election referred to in subsection (1) in respect of a model year in which it has transferred NO_X emission credits to another company if the average NO_X value calculated under paragraph (4)(a) for the group that is subject to the election exceeds the fleet average NO_X standard that would otherwise apply under section 21, 22 or 23, as the case may be.

• 31.1 (1) Subject to subsection (8), a company may elect to exclude the group of vehicles in a fleet that are covered by an EPA certificate and that are sold concurrently in Canada and the United States from the requirement to meet the standards set out in sections 24.1 to 24.4, 24.6, 24.7 and 24.10, as applicable, and from the NMOG + NO_X, cold NMHC or evaporative emission deficit calculations, as the case may be, in respect of a fleet under section 28.

• (2) Subject to subsection (3), a company shall include in the group referred to in subsection (1) all of the vehicles of a fleet that are covered by an EPA certificate and that are sold concurrently in Canada and the United States.

• (3) A company shall not include in the group referred to in subsection (1) any vehicle that is covered by an EPA certificate and

  • (a) in respect of which the total number of units sold in Canada exceeds the total number of units sold in the United States that are covered by the same EPA certificate; and

  • (b) that conforms, as applicable, to

    • (i) a full useful life emission bin having a NMOG + NO_X standard that is greater than the applicable fleet average NMOG + NO_X standard for the model year in respect of which the election is made, or

    • (ii) a family emission limit for cold NMHC or evaporative emissions, as the case may be, that is greater than the applicable fleet average cold NMHC or evaporative emission standard for the model year in respect of which the election is made.

• (4) Subject to subsection (5), if a company makes an election under subsection (1), it shall calculate an average NMOG + NO_X, cold NMHC or evaporative emission value in accordance with section 24.5, 24.8 or 24.11, as the case may be, with the necessary modifications, in respect of

  • (a) the group that is subject to the election; and

  • (b) the vehicles in the fleet that are not part of the group referred to in paragraph (a), if any.

• (5) A company may elect not to make the calculations referred to in subsection (4) for a group of vehicles described in paragraph (4)(a) or (b) if every vehicle in the group conforms to

  • (a) a full useful life emission bin having a NMOG + NO_X standard that is equal to or less than the fleet average NMOG + NO_X standard that would otherwise apply under sections 24.1 to 24.4; or

  • (b) a family emission limit for cold NMHC or evaporative emissions, as the case may be, that is equal to or less than the fleet average cold NMHC or evaporative emission standard that would otherwise apply under section 24.6, 24.7 or 24.10.

• (6) If a company makes an election under subsection (5), the average NMOG + NO_X, cold NMHC or evaporative emission value, as the case may be, for the group of vehicles of a fleet for which the election was made shall be the applicable fleet average NMOG + NO_X, cold NMHC or evaporative emission standard.

• (7) If a company makes the election referred to in subsection (1) and the average NMOG + NO_X, cold NMHC or evaporative emission value, as the case may be, for the group that is subject to the election, calculated under paragraph (4)(a), exceeds the fleet average NMOG + NO_X, cold NMHC or evaporative emission standard that would otherwise apply under section 24.1, 24.2, 24.3, 24.4, 24.6, 24.7 or 24.10, the company shall

  • (a) forfeit any NMOG + NO_X, cold NMHC or evaporative emission credits, as the case may be, obtained for previous model years; and

  • (b) not obtain any NMOG + NO_X, cold NMHC or evaporative emission credits, as the case may be, for the model year in respect of which the election was made.

• (8) A company shall not make an election referred to in subsection (1) in respect of any of the following emission standards for a model year in respect of which it has transferred emission credits to another company if

  • (a) in the case of NMOG + NO_X standards, the average NMOG + NO_X value, calculated under paragraph (4)(a) for the group that is subject to the election, exceeds the fleet average NMOG + NO_X standard that would otherwise apply under section 24.1, 24.2, 24.3 or 24.4;

  • (b) in the case of cold NMHC standards, the average cold NMHC value, calculated under paragraph (4)(a) for the group that is subject to the election, exceeds the fleet average cold NMHC standard that would otherwise apply under section 24.6 or 24.7; or

  • (c) in the case of evaporative emissions standards, the average evaporative emission value, calculated under paragraph (4)(a) for the group that is subject to the election, exceeds the fleet average evaporative emission standard that would otherwise apply under section 24.10.

End of Model Year Reports

• 32 (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) The end of model year report shall contain the following information:

  • (a) for each of a company’s fleets described in sections 21 to 23

    • (i) the applicable fleet average NO_X standard,

    • (ii) the average NO_X value achieved under section 24 or 25,

    • (iii) for each model of vehicle, the values used in calculating the average NO_X value achieved in respect of the fleet,

    • (iv) the total number of vehicles in the fleet,

    • (v) the NO_X emission credits calculated in accordance with subsection 26(2) for the model year, if any,

    • (vi) the NO_X emission deficits incurred for the model year, if any, and

    • (vii) the balance of credits or deficits at the end of the model year;

  • (b) for each of a company’s fleets described in sections 24.1 to 24.4

    • (i) the applicable fleet average NMOG + NO_X standard,

    • (ii) the average NMOG + NO_X value achieved under section 24.5 or 25.1,

    • (iii) for each model of vehicle, the values used in calculating the average NMOG + NO_X value achieved in respect of the fleet, including any compliance credits taken into account by the company in choosing the full useful life emission bin applicable to the vehicles,

    • (iv) the total number of vehicles in the fleet,

    • (v) the NMOG + NO_X emission credits calculated in accordance with subsection 26.1(2) for the model year, if any,

    • (vi) the NMOG + NO_X emission deficits incurred for the model year, if any, and

    • (vii) the balance of credits or deficits at the end of the model year;

  • (c) for each of a company’s fleets described in sections 24.6 and 24.7

    • (i) the applicable fleet average cold NMHC standard,

    • (ii) the average cold NMHC value achieved under section 24.8 or 25.2,

    • (iii) for each model of vehicle, the values used in calculating the average cold NMHC value achieved in respect of the fleet,

    • (iv) the total number of vehicles in the fleet,

    • (v) the cold NMHC emission credits calculated in accordance with subsection 26.2(2) for the model year, if any,

    • (vi) the cold NMHC emission deficits incurred for the model year, if any, and

    • (vii) the balance of credits or deficits at the end of the model year;

  • (d) for each of a company’s fleets described in section 24.10

    • (i) the applicable fleet average evaporative emission standard,

    • (ii) the average evaporative emission value achieved under section 24.11 or 25.3 and either the percentage of vehicles in the fleet that conform to the applicable fleet average evaporative emission standard or a statement that every vehicle in the fleet meets the requirements of paragraph 24.10(2)(a) or (b), as applicable,

    • (iii) the allowances taken into account in the calculation of the percentage of vehicles in the fleet that conform to the applicable fleet average evaporative emission standard, if any,

    • (iv) for each model of vehicle, the values used in calculating the average evaporative emission value achieved in respect of the fleet,

    • (v) the total number of vehicles in the fleet,

    • (vi) the evaporative emission credits calculated in accordance with subsection 26.3(2) for the model year, if any,

    • (vii) the evaporative emission deficits incurred for the model year, if any, and

    • (viii) the balance of credits or deficits at the end of the model year; and

  • (e) for each of a company’s fleets described in sections 26.4 to 26.6, the early action credits obtained for the model year in question, if any.

• (2.1) The end of model year report for the 2017 to 2021 model years shall also contain either the percentage of vehicles in a company’s groups of vehicles that conform to the applicable particulate matter exhaust emission standards referred to in subsection 17.2(1) or a statement that every vehicle in the group meets the requirements of paragraph 17.2(3)(a) or (b), as applicable.

• (3) The end of model year report must also contain the following information on each credit transfer to or from the company since the submission of the previous end of model year report:

  • (a) the name, street address and, if different, the mailing address of the company that transferred the credits and the model year in which that company obtained those credits;

  • (b) the name, street address and, if different, the mailing address of the company that received the credits;

  • (c) the date of the transfer; and

  • (d) the quantity of credits transferred.

• (4) The company shall include in the end of model year report, if applicable,

  • (a) for any of its fleets described in sections 21 to 23, a statement that

    • (i) it has made the election under section 25, or

    • (ii) it has made the election under subsection 31(1) and, if applicable, it has made an election under subsection 31(5) in respect of a group of vehicles described in paragraph 31(4)(a) or (b);

  • (b) for any of its fleets described in sections 24.1 to 24.4, a statement that

    • (i) it has made the election under section 25.1, or

    • (ii) it has made the election under subsection 31.1(1) and, if applicable, it has made an election under subsection 31.1(5) in respect of a group of vehicles described in paragraph 31.1(4)(a) or (b);

  • (c) for any of its fleets described in sections 24.6 and 24.7, a statement that

    • (i) it has made the election under section 25.2, or

    • (ii) it has made the election under subsection 31.1(1) and, if applicable, it has made an election under subsection 31.1(5) in respect of a group of vehicles described in paragraph 31.1(4)(a) or (b); and

  • (d) for any of its fleets described in section 24.10, a statement that

    • (i) it has made the election under section 25.3, or

    • (ii) it has made the election under subsection 31.1(1) and, if applicable, it has made an election under subsection 31.1(5) in respect of a group of vehicles described in paragraph 31.1(4)(a) or (b).

• (5) A company that makes an election under subsection 31(1) or 31.1(1) in respect of a group of vehicles in a fleet shall include in the end of model year report

  • (a) the following average values:

    • (i) for the 2016 and earlier model years, the average NO_X value, determined under subsection 31(4) or (6), as the case may be,

    • (ii) for the 2017 model year,

      • (A) in the case of a company’s heavy light-duty trucks and medium-duty passenger vehicles, the average NO_X value, determined under subsection 31(4) or (6), as the case may be, and the average cold NMHC or evaporative emission value, as the case may be, determined under subsection 31.1(4) or (6), or

      • (B) in the case of a company’s vehicles other than its heavy light-duty trucks and medium-duty passenger vehicles, the average NMOG + NO_X, cold NMHC or evaporative emission value, as the case may be, determined under subsection 31.1(4) or (6), as the case may be, or

    • (iii) for the 2018 and later model years, the average NMOG + NO_X, cold NMHC or evaporative emission value, as the case may be, determined under subsection 31.1(4) or (6), as the case may be;

  • (b) the values used in calculating the average values referred to in subparagraph (a)(i), clause (a)(ii)(A) or (B) or subparagraph (a)(iii), as the case may be; and

  • (c) information demonstrating compliance with subsection 31(3) or 31.1(3), as the case may be.

• (6) For the purpose of subsection (1), a company that acquires another company or that results from the merger of companies and that is the owner of record on May 1 is responsible for ensuring that the end of model year report is submitted.

Subfleet Averaging Requirements for Motorcycles

General

32.1 The following definitions apply in this section and sections 32.2 to 32.7 and 37.1.

engine family

engine family[Repealed, SOR/2015-186, s. 39]

family emission limit

family emission limit[Repealed, SOR/2015-186, s. 39]

fuel tank permeation emissions

fuel tank permeation emissions means evaporative emissions resulting from permeation of fuel through the fuel tank materials. (émissions par perméation du réservoir de carburant)

subfleet

subfleet means motorcycles of a specific model year that have a family emission limit and that a company manufactures in Canada, or imports into Canada, for the purpose of sale to the first retail purchaser. Each of the following groupings of motorcycles constitutes a subfleet for the purpose of emissions averaging:

• (a) in respect of the applicable HC+NO_x emission standard for all Class I and Class II motorcycles;

• (b) in respect of the applicable HC+NO_x emission standard for all Class III motorcycles;

• (c) in respect of the fuel tank permeation emission standard for all motorcycles with a non-metal fuel tank. (sous-parc)

• 32.2 (1) Subject to subsection (2), any motorcycle that does not conform to the applicable HC+NO_x emission standard or fuel tank permeation emission standard set out in the section of the CFR that is referred to in paragraph 17(a) shall conform, as the case may be, to:

  • (a) the applicable family emission limit for HC+NO_x emissions; or

  • (b) the family emission limit for fuel tank permeation emissions.

• (2) In any model year, the HC + NO_X family emission limit applicable to an engine family shall not exceed the applicable family emission limit cap set out in section 449 of Title 40, chapter I, subchapter C, part 86, subpart E, of the CFR.

• (3) In any model year, a company’s subfleet may include motorcycles that conform to a family emission limit that is greater than the applicable HC+NO_x 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 in that section if

  • (a) each motorcycle of a subfleet is covered by an EPA certificate, each motorcycle conforms to the family emission limit referred to in the EPA certificate and belongs to an engine family of which the total number of units sold in Canada does not exceed the total number of units sold in the United States; or

  • (b) in respect of a subfleet that contains motorcycles that do not meet all of the criteria set out in paragraph (a), the average HC+NO_x value or the average fuel tank permeation value, as the case may be, does not exceed the applicable HC+NO_x 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 in that section, in respect of

    • (i) the subfleet, or

    • (ii) the group of motorcycles within the subfleet that do not meet all of the criteria set out in paragraph (a).

Calculation of Subfleet Average Emission Values

• 32.3 (1) If a company’s subfleet includes one or more motorcycles that conform to a family emission limit that is greater than the applicable HC+NO_x emission standard set out in the section of the CFR that is referred to in paragraph 17(a) or subsection 17.1(2), the company shall calculate the average HC+NO_x value for the subfleet using the following formula:

  [Σ (A x B x C)] / [Σ (B x C)]

  where

  A

  is the applicable family emission limit, expressed to the same number of decimal places as the emission standard it replaced;

  B

  is the useful life of the engine family expressed in years or kilometres; and

  C

  is the number of motorcycles in the engine family.

• (2) If a company’s subfleet includes one or more motorcycles that conform to a family emission limit that is greater than the fuel tank permeation emission standard set out in the section of the CFR that is referred to in paragraph 17(a), the company shall calculate the average fuel tank permeation value for its subfleet in accordance with the following formula:

  [Σ (A x B x C x 365.24)] / [Σ (B x C x 365.24)]

  where

  A

  is the applicable family emission limit, expressed to the same number of decimal places as the emission standard it replaced;

  B

  is the useful life of the engine family expressed in years; and

  C

  is the number of motorcycles in the engine family multiplied by the average internal surface area of the motorcycles’ fuel tanks, where the average internal surface area is expressed in m² to at least three decimal places.

• (3) The average HC+NO_x value and average fuel tank permeation value for a subfleet shall be expressed in g/km and g/m²/d, respectively, and be rounded to one decimal place.

• (4) When calculating the average HC+NO_x value for a subfleet of the 2006 model year, a company may include all of its motorcycles of that model year, including those whose main assembly was completed before November 2, 2006.

Emission Credits for Class III Motorcycles

• 32.4 (1) A company shall obtain HC+NO_x emission credits in relation to a specific model year if

  • (a) the average HC+NO_x value in respect of a subfleet of Class III motorcycles of that model year is lower than the applicable HC+NO_x emission standard for that class and model year; and

  • (b) the company reports the credits in its end of model year report.

• (2) The HC+NO_x emission credits, expressed in units of vehicle-grams, shall be calculated using the following formula, rounded to the nearest whole number:

  (A - B) x C x D

  where

  A

  is the applicable HC+NO_x emission standard for the subfleet;

  B

  is the average HC+NO_x value for the subfleet;

  C

  is the total number of motorcycles in the subfleet; and

  D

  is the useful life expressed in kilometres.

• (3) The HC+NO_x emission credits for a specific model year are credited on the last day of that model year and may only be used by a company to offset an HC+NO_x emission deficit that it incurred in the same model year as calculated in section 32.5.

Emission Deficits for Class I and Class II Motorcycles

• 32.5 (1) If a company’s average HC+NO_x value in respect of a subfleet of Class I and Class II motorcycles of a model year is higher than the applicable HC+NO_x emission standard, the company shall calculate the value of the emission deficit it incurred in that model year.

• (2) The HC+NO_x emission deficit for a subfleet of Class I and Class II motorcycles of a model year is the sum of the credits or deficits that would be generated for each class of motorcycle within the subfleet calculated using the formula set out in subsection 32.4(2), with any necessary modifications.

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

End of Model Year Reports

• 32.7 (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+NO_x 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+NO_x emission standard and the fuel tank permeation emission standard;

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

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

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

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

  • (f) the HC+NO_x 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.

Format of Reports

32.8 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.

Emission-related Maintenance Instructions

• 33 (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.

Emission-related Information Labels

• 34 (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

• 35 (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.

• 35.1 (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.

• 36 (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.

36.1 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.

Fleet Average Records

• 37 (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 NO_X emissions, under section 24 or 25,

    • (ii) in the case of NMOG + NO_X 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.

Records Concerning Subfleet Average Emission Values for Motorcycles

37.1 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+NO_x 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.

Maintenance and Submission of Records

• 38 (1) A company shall maintain, in writing or in a readily readable electronic or optical form

  • (a) the records referred to in paragraph 153(1)(g) of the Act and the evidence of conformity referred to in paragraphs 35(1)(a) to (c), subsection 35(1.1), paragraphs 35.1(1)(a) to (c) and, if applicable, (e) and subsection 36(1) for a period of

    • (i) at least eight years after the date of manufacture, for engines and vehicles, other than motorcycles, and

    • (ii) at least six years after the date of manufacture, for motorcycles;

  • (b) for light-duty vehicles, light-duty trucks and medium-duty passenger vehicles, in respect of each model year, the records referred to in section 37 and a copy of its end of model year report under section 32, for a period of eight years after the end of the model year; and

  • (c) for motorcycles, in respect of each model year, the records referred to in section 37.1 and a copy of its end of model year report under section 32.7, for a period of three years after the due date of the end of model year report.

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

• (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 shall provide the Minister with the evidence of conformity, records or summary, in either official language, within

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

  • (b) if the evidence of conformity or records referred to in section 35, 35.1 or 36 must be translated from a language other than French or English, 60 days after the request is delivered to the company.

Information Regarding Suspension or Revocation of EPA Certificate

38.1 If an EPA certificate referred to in section 19 or 19.1 is suspended or revoked, the company shall 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 and model year of the vehicles and engines that are covered by the EPA certificate or of the vehicles that are equivalent to a vehicle that is covered by the EPA certificate, as the case may be.

Importation Requirements and Documents

Declaration Prior to Importation

• 39 (1) Subject to subsection (2), for the purpose of paragraph 153(1)(b) of the Act, any company that intends to import a light-duty vehicle, light-duty truck, medium-duty passenger vehicle or motorcycle during a given calendar year shall submit, prior to the first importation of a vehicle of a given class during that calendar year, a declaration in respect of that class to the Minister in a form and manner that is satisfactory to the Minister. This declaration must be signed by a duly authorized representative of the company and contain the following information:

  • (a) the name, email address, phone number, street address and, if different, mailing address of the importer;

  • (b) the class of the vehicle; and

  • (c) a statement that the vehicle will bear the national emissions mark or that the company will have the evidence of conformity referred to in section 35, 35.1 or 36.

• (2) A company that imports a light-duty vehicle, light-duty truck, medium-duty passenger vehicle or motorcycle destined for first retail sale and that is authorized to apply and has applied the national emissions mark to the vehicle is exempt from the obligation of submitting the declaration to the Minister.

• 39.1 (1) Subject to subsection (2), for the purpose of paragraph 153(1)(b) of the Act, any company that intends to import a heavy-duty vehicle or a heavy-duty engine during a given calendar year shall submit, prior to the first importation of the vehicle or engine during that calendar year, a declaration to the Minister in a form and manner that is satisfactory to the Minister. This declaration must be signed by a duly authorized representative of the company and contain the following information:

  • (a) the name, email address, phone number, street address and, if different, mailing address of the importer;

  • (b) an indication of whether the import consists of

    • (i) a heavy-duty vehicle and, if applicable, a tractor that is equipped with an auxiliary power unit, or

    • (ii) a heavy-duty engine; and

  • (c) a statement that the vehicle or engine will bear the national emissions mark or that the company will have the evidence of conformity referred to in section 35, 35.1 or 36.

• (2) A company that imports a heavy-duty vehicle or heavy-duty engine destined for first retail sale and that is authorized to apply and has applied the national emissions mark to the vehicle or engine is exempt from the obligation of submitting the declaration to the Minister.

• 40 (1) Subject to subsection (2), a person that is not a company and that intends to import a vehicle or engine shall submit, prior to the importation, a declaration to the Minister in a form and manner that is satisfactory to the Minister. This declaration must be signed by the person or their duly authorized representative and contain the following information:

  • (a) the name, email address, phone number, street address and, if different, mailing address of the importer;

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

  • (c) the expected date of the importation;

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

  • (e) in the case of an engine, the make, model, model year and, if known, identification number of the engine; and

  • (f) a statement

    • (i) from the person or their duly authorized representative that the vehicle or engine bears

      • (A) the national emissions mark,

      • (B) the U.S. emission control information label or, in the case of a heavy-duty engine, the U.S. engine information label referred to in paragraph 35(1)(d), showing that the vehicle or engine conformed to the EPA emission standards in effect when the main assembly of the vehicle or the manufacture of the engine, as the case may be, was completed, or

      • (C) a label showing that the vehicle or engine conformed to the emission standards of the California Air Resources Board in effect when the main assembly of the vehicle or the manufacture of the engine, as the case may be, was completed, or

    • (ii) from the manufacturer or its duly authorized representative that, as the case may be,

      • (A) the vehicle conformed to the standards set out in these Regulations or to the standards referred to in clause (i)(B) or (C) when its main assembly was completed, or

      • (B) the engine conformed to the standards set out in these Regulations or to the standards referred to in clause (i)(B) or (C) when its manufacture was completed.

• (2) A person that is not a company and that imports no more than 10 engines or no more than 10 vehicles in a calendar year is exempt from the obligation of submitting the declaration to the Minister.

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

  • (a) the name, email address, phone number, street address and, if different, mailing address of the importer;

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

  • (c) the expected date of the importation;

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

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

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

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

• (2) The declaration shall be filed with the Minister

  • (a) prior to the import of the vehicle or engine; or

  • (b) in the case of a company whose world production of vehicles or engines is 2,500 or more a year, as described in paragraph (a) or quarterly.

42 A company that imports a vehicle or engine in reliance on subsection 153(2) of the Act shall submit a declaration to the Minister, signed by its duly authorized representative, that contains the following information:

• (a) the name, email address, phone number, street address and, if different, mailing address of the importer;

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

• (c) the expected date of the importation;

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

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

• (f) a statement from the manufacturer of the vehicle or engine that the vehicle or engine will, when completed in accordance with instructions provided by the manufacturer, conform to the standards prescribed under these Regulations; and

• (g) a statement that the vehicle or engine will be completed in accordance with the instructions referred to in paragraph (f).

Additional Information Regarding the Importation of Heavy-Duty Vehicles and Heavy-Duty Engines

42.1 A company that imports a heavy-duty vehicle or a heavy-duty engine shall, no later than June 30 of the calendar year following the calendar year during which the importation occurs, submit the following information to the Minister in a form and manner that is satisfactory to the Minister:

• (a) the name of the importer;

• (b) the name of the manufacturer of the heavy-duty vehicle or heavy-duty engine; and

• (c) the make, model and model year of the heavy-duty vehicle or heavy-duty engine.

Rental Rate

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

Application for Exemption

• 44 (1) A company applying under section 156 of the Act for an exemption from conformity with any standard prescribed under these Regulations shall, before importing an engine or vehicle or applying a national emissions mark to an engine or vehicle, 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.

  • (g) [Repealed, SOR/2006-268, s. 15]

• (2) If the basis of an application for an exemption is substantial financial hardship, the company shall 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 applied for;

  • (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 applied for;

  • (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 pursuant to 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 immediately preceding the filing of the application;

    • (v) [Repealed, SOR/2013-8, s. 22]

  • (d) a description of the company’s efforts to 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 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 engine, including

    • (i) a statement of the reasons why not conforming to the prescribed standards would not substantially diminish the control of emissions of the vehicle or 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.

• (3) If the basis of an application for exemption is the development of new emission monitoring or emission control features that are equivalent or superior to those that conform to the prescribed standards, the company shall 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 established 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 engine; and

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

    • (i) to 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.

• (4) If the basis of an application for exemption is the development of new kinds of vehicles, engines or vehicle or engine systems or components, the company shall 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 engine, including

    • (i) a detailed description of how the vehicle or 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 does not substantially diminish the control of emissions of the vehicle or 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 engine; and

  • (c) a statement as to whether the company intends, at the end of the exemption period, to conform to the standards prescribed by these Regulations.

• (5) If a company wishes to obtain a new exemption to take effect after the expiration of an exemption referred to in subsection (3) or (4), the company shall 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

• 45 (1) The notice of defect referred to in subsections 157(1) and (4) of the Act shall 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, phone number and, if any, facsimile number of the appropriate contact person;

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

  • (b.1) the total number of vehicles or engines 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 or engines in each identifying classification;

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

  • (d) a description of the defect;

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

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

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

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

  • (a) in both official languages; or

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

• (2) A company shall, within 60 days after giving a notice of defect, 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);

  • (a.1) if not already provided in the notice, the range or ranges of vehicle identification numbers;

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

  • (c) 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

  • (d) 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.

• (3) If a company submits an initial report under subsection (2), it shall submit, within 45 days after the end of each quarter, 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 or engines 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 or engines 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 or engines repaired by or on behalf of the company, including vehicles or engines requiring inspection only.

Consequential Amendments

Motor Vehicle Safety Regulations

46 [Amendments]

47 [Amendment]

48 [Amendment]

Coming into Force

• 49 (1) Subject to subsection (2), these Regulations come into force on January 1, 2004.

• (2) Sections 7 to 9 come into force on the day on which these Regulations are registered.

SCHEDULE 1(Subsection 7(1))Ministerial Authorization

Department of the Environment

Canadian Environmental Protection Act, 1999

On-Road Vehicle and Engine Emission Regulations

Authorization Number

Pursuant to the Canadian Environmental Protection Act, 1999, I, , the Minister of the Environment, hereby authorize (name and address) to use and apply at its premises located at (location) the national emissions mark and this authorization number on the following classes of prescribed vehicles or engines, provided that the vehicles or engines conform to all applicable emission standards: (list classes)

This authorization expires on , .

Issued on

for the Minister of the Environment

• SOR/2015-186, s. 52

SCHEDULE 2(Subsection 8(1))National Emissions Mark