On-Road Vehicle and Engine Emission Regulations

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.