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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

Importation Requirements and Documents (continued)

Declaration Prior to Importation (continued)

 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).

  • SOR/2013-8, s. 21

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

 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.

  • SOR/2013-8, s. 21

Rental Rate

 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

  •  (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.

  • SOR/2006-268, s. 15
  • SOR/2013-8, s. 22
  • SOR/2015-186, s. 49

Defect Information

  •  (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.

  • SOR/2013-8, s. 23
  • SOR/2015-186, s. 50

Consequential Amendments

Motor Vehicle Safety Regulations

 [Amendments]

 [Amendment]

 [Amendment]

Coming into Force

  •  (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.

 
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