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

Regulations are current to 2020-03-05 and last amended on 2018-11-16. Previous Versions

Records (continued)

Evidence of Conformity (continued)

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

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

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

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

  • SOR/2006-268, s. 11

Fleet Average Records

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

    • (a) the model year;

    • (b) the applicable fleet average standard;

    • (c) the average value achieved

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

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

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

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

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

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

    • (a) the model and model year;

    • (b) the applicable fleet average standard;

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

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

    • (e) the vehicle identification number;

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

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

  • SOR/2015-186, ss. 46, 47

Records Concerning Subfleet Average Emission Values for Motorcycles

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

  • (a) the model year;

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

  • (c) for each motorcycle in the subfleet,

    • (i) the model,

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

    • (iii) its vehicle identification number, and

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

  • SOR/2006-268, s. 13

Maintenance and Submission of Records

  •  (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.

  • SOR/2006-268, s. 14
  • SOR/2013-8, s. 18
  • SOR/2018-98, s. 71

Information Regarding Suspension or Revocation of EPA Certificate

 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.

  • SOR/2015-186, s. 48

Importation Requirements and Documents

Declaration Prior to Importation

  •  (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.

  • SOR/2013-8, s. 19
  •  (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.

  • SOR/2013-8, s. 19
  • SOR/2018-98, s. 72
 
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