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

Regulations are current to 2022-09-11 and last amended on 2018-11-16. Previous Versions

Records (continued)

Evidence of Conformity (continued)

  •  (1) In the case of an equivalent vehicle referred to in section 19.1, evidence of conformity for the purpose of paragraph 153(1)(b) of the Act in respect of a company shall consist of

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

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

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

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

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

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

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

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

      • (i) a national emissions mark, or

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

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

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

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

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

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

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

  • SOR/2006-268, s. 11

Fleet Average Records

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

    • (a) the model year;

    • (b) the applicable fleet average standard;

    • (c) the average value achieved

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

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

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

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

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

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

    • (a) the model and model year;

    • (b) the applicable fleet average standard;

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

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

    • (e) the vehicle identification number;

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

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

  • SOR/2015-186, ss. 46, 47

Records Concerning Subfleet Average Emission Values for Motorcycles

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

  • (a) the model year;

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

  • (c) for each motorcycle in the subfleet,

    • (i) the model,

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

    • (iii) its vehicle identification number, and

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

  • SOR/2006-268, s. 13

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
  •  (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.

  • SOR/2013-8, s. 19
  •  (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.

  • SOR/2013-8, s. 20
 
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