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On-Road Vehicle and Engine Emission Regulations

Version of section 38 from 2018-11-16 to 2024-03-06:

  •  (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

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