Interpretation

• 1 (1) The following definitions apply in these Regulations.

  Act

  Act means the Canadian Environmental Protection Act, 1999. (Loi)

  bicycle engine

  bicycle engine means an engine that is designed to be installed on a bicycle. (moteur de bicyclette)

  CFR

  CFR means Title 40, chapter I of the Code of Federal Regulations of the United States. (CFR)

  CFR 90

  CFR 90 means subchapter C, part 90, of the CFR, as it existed on July 1, 2020. (CFR 90)

  CFR 1051

  CFR 1051 means subchapter U, part 1051, of the CFR, as amended from time to time. (CFR 1051)

  CFR 1054

  CFR 1054 means subchapter U, part 1054, of the CFR, as amended from time to time. (CFR 1054)

  CFR 1060

  CFR 1060 means subchapter U, part 1060, of the CFR, as amended from time to time. (CFR 1060)

  CFR 1068

  CFR 1068 means subchapter U, part 1068, of the CFR, as amended from time to time. (CFR 1068)

  complete fuel system

  complete fuel system means a fuel system that is attached to an engine and that consists of fuel lines and at least one fuel tank. (système complet d’alimentation en carburant)

  crankcase emissions

  crankcase emissions means substances that cause air pollution and that are emitted into the atmosphere from any portion of the crankcase ventilation or lubrication systems of an engine. (émissions du carter)

  diurnal emissions

  diurnal emissions means evaporative emissions that occur as a result of the venting of fuel tank vapours during daily temperature changes while the engine is not operating. (émissions diurnes)

  element of design

  element of design means, in respect of an engine,

  • (a) any control system including computer software, electronic control systems and computer logic;

  • (b) any control system calibrations;

  • (c) the results of systems interaction; or

  • (d) any hardware items. (élément de conception)

  emission control system

  emission control system means any device, system or element of design that controls or reduces the emissions from an engine. (système antipollution)

  emission family

  emission family means, for the 2019 and later model years,

  • (a) in respect of a company’s engines that are covered by an EPA certificate, the grouping that is specified in the EPA certificate;

  • (b) in respect of any fuel lines and fuel tanks that form part of the complete fuel system of an engine and that are covered by one or more EPA certificates, the grouping that is specified in the EPA certificates;

  • (c) in respect of a company’s engines other than those referred to in paragraph (a), the grouping determined in accordance with

    • (i) in the case of a bicycle engine, section 230 of subpart C of CFR 1051, and

    • (ii) in the case of any other engine, section 230 of subpart C of CFR 1054; and

  • (d) in respect of any fuel lines and fuel tanks that form part of the complete fuel system of an engine other than those referred to in paragraph (b), the grouping determined in accordance with

    • (i) in the case of a bicycle engine, section 230 of subpart C of CFR 1051, and

    • (ii) in the case of any other engine, section 230 of subpart C of CFR 1060. (famille d’émissions)

  engine

  engine means an off-road engine that is prescribed under subsection 5(1). (moteur)

  engine kit

  engine kit means an engine with hardware, fuel lines and fuel tanks that are designed to be assembled. (moteur prêt à assembler)

  EPA

  EPA means the United States Environmental Protection Agency. (EPA)

  EPA certificate

  EPA certificate means a certificate of conformity to United States federal standards issued by the EPA. (certificat de l’EPA)

  evaporative emissions

  evaporative emissions means fuel compounds that are emitted into the atmosphere from an engine fuelled with volatile liquid fuel, other than exhaust emissions and crankcase emissions. (émissions de gaz d’évaporation)

  exhaust emissions

  exhaust emissions means substances emitted into the atmosphere from any opening downstream from the exhaust port of an engine. (émissions de gaz d’échappement)

  fuel line

  fuel line means hose, tubing and primer bulbs containing or exposed to liquid fuel — including moulded hose, tubing and primer bulbs — that transport fuel to or from an engine, but does not include

  • (a) fuel tank vent lines;

  • (b) segments of hose or tubing in which the external surface is normally exposed to liquid fuel inside the fuel tank;

  • (c) hose or tubing that is designed to return unused fuel from the carburetor to the fuel tank for engines designed to be used in a handheld machine; or

  • (d) primer bulbs that contain liquid fuel only for priming the engine before starting. (conduite d’alimentation en carburant)

  fuel tank

  fuel tank means a tank equipped with its cap and designed to hold fuel. (réservoir de carburant)

  handheld machine

  handheld machine means a machine, other than a bicycle powered by a bicycle engine, that

  • (a) is designed to be carried by the operator during its use;

  • (b) is designed to operate in more than one position during its use;

  • (c) has a dry weight of less than 16 kg, has no more than two wheels, and is designed to be supported by the operator during its use;

  • (d) in the case of a vehicle, is designed to be used for recreational purposes and has a dry weight of less than 20 kg;

  • (e) is powered by an engine that has a total displacement equal to or less than 80 cm³;

  • (f) is an auger that has a dry weight of less than 22 kg; or

  • (g) is a jackhammer or compactor that is designed to be supported by the operator during its use. (machine portative)

  machine

  machine means anything, including a vehicle, device, appliance or implement, powered by an engine. (machine)

  model year

  model year means the year, as determined under section 4, that is used by a manufacturer to designate a model of engine. (année de modèle)

  non-handheld machine

  non-handheld machine means a machine other than a handheld machine but does not include a bicycle powered by a bicycle engine. (machine non portative)

  off-road engine

  off-road engine means an engine, within the meaning of section 149 of the Act,

  • (a) that is used or designed to be used by itself and that is designed to be or is capable of being carried or moved; or

  • (b) that is used or designed to be used

    • (i) in or on a machine that is designed to be or is capable of being carried or moved,

    • (ii) in or on a machine that is self-propelled,

    • (iii) in or on a machine that serves a dual purpose by both propelling itself and performing another function, or

    • (iv) in or on a machine that is designed to be propelled while performing its function. (moteur hors route)

  permeation emissions

  permeation emissions means evaporative emissions resulting from the permeation of fuel through fuel line or fuel tank materials. (émissions par perméation)

  running loss emissions

  running loss emissions means evaporative emissions that escape from a complete fuel system while the engine is operating but does not include permeation emissions or diurnal emissions. (émissions de pertes en marche)

  unique identification number

  unique identification number means a number, consisting of Arabic numerals, Roman letters or both, that the manufacturer assigns to the engine for identification purposes. (numéro d’identification unique)

  useful life

  useful life means the period of time or use in respect of which an emission standard applies to an engine, attached fuel line or attached fuel tank as set out in section 12.5 and subsections 12.7(1) and 12.8(3). (durée de vie utile)

  volatile liquid fuel

  volatile liquid fuel means any fuel that is a liquid at atmospheric pressure and has a Reid vapour pressure greater than 13.79 kPa. (carburant liquide volatil)

  wintertime engine

  wintertime engine means an engine used to power a machine that is designed exclusively to be used in snow or on ice. (moteur hivernal)

• (2) Standards that are incorporated by reference in these Regulations from the CFR are those expressly set out in the CFR and shall be read as excluding

  • (a) references to the EPA or the Administrator of the EPA exercising discretion in any way;

  • (b) alternative standards related to the averaging, banking and trading of emission credits, to small volume manufacturers or to financial hardship; and

  • (c) standards or evidence of conformity of any jurisdiction or authority other than the EPA and, in the case of the standards referred to in subsection 12.5(2) and subparagraphs 12.7(1)(a)(iv) and (v), the California Air Resources Board.

• (3) For the purposes of these Regulations, a reference in the CFR to

  • (a) “nonroad vehicle” and “nonroad equipment” shall be read as machine; and

  • (b) “nonroad engine” shall be read as engine.

Purpose

2 The purpose of these Regulations is to

• (a) reduce emissions of hydrocarbons, oxides of nitrogen and carbon monoxide from engines by establishing emission limits for those substances or combinations of those substances;

• (b) reduce emissions of the toxic substances formaldehyde, 1,3 butadiene, acetaldehyde, acrolein and benzene through the establishment of emission limits for hydrocarbons from engines; and

• (c) establish emission standards and test procedures for engines that are aligned with those of the EPA.

Background

2.1 These Regulations set out

• (a) prescribed engines for the purposes of section 149 of the Act;

• (b) requirements respecting the conformity of prescribed engines with emission-related standards for the purposes of sections 153 and 154 of the Act; and

• (c) other requirements for carrying out the purposes of Division 5 of Part 7 of the Act.

Application

3 These Regulations apply to engines of the 2005 and later model years.

Model Year

• 4 (1) A year that is used by a manufacturer of an engine as a model year shall

  • (a) if the period of production of a model of engine does not include January 1 of a calendar year, correspond to the calendar year during which the period of production falls or the calendar year following that calendar year, at the manufacturer’s choice; or

  • (b) if the period of production of a model of engine includes January 1 of a calendar year, correspond to that calendar year.

• (2) The period of production of a model of engine shall include only one January 1.

Prescribed Engines

• 5 (1) Off-road engines, including those of the 2019 and later model years that have a complete fuel system, are prescribed for the purposes of the definition engine in section 149 of the Act if they

  • (a) operate under characteristics significantly similar to the theoretical Otto combustion cycle;

  • (b) use a spark plug or other sparking device;

  • (c) develop no more than 30 kW of power measured at the crankshaft, or its equivalent, when equipped only with standard accessories — such as oil pumps or coolant pumps — necessary for their operation; and

  • (d) have a displacement of 1 000 cm³ or less.

• (1.1) For the purposes of these Regulations, an engine kit is considered to be an engine that has a complete fuel system.

• (1.2) [Repealed, SOR/2020-258, s. 58]

• (2) The engines referred to in subsection (1) do not include an engine that is

  • (a) designed exclusively for competition, namely one that has the following characteristics, and bears a label that meets the requirements of subsections 17.2(3) and (4) and indicates that the engine is a competition engine:

    • (i) its performance characteristics are substantially superior to non-competition engines, and

    • (ii) it is not displayed for sale in any public dealership or otherwise offered for sale to the general public;

  • (b) regulated by the On-Road Vehicle and Engine Emission Regulations;

  • (c) regulated by the Marine Spark-Ignition Engine, Vessel and Off-Road Recreational Vehicle Emission Regulations;

  • (d) designed to be used in reduced-scale models of vehicles that are not capable of transporting a person;

  • (e) designed to be used exclusively in emergency and rescue machines and that bears either a label to that effect and that meets the requirements set out in subsections 17.2(3) and (4) or the U.S. label referred to in paragraph 660(c) of subpart G of CFR 1054;

  • (f) designed to be used exclusively in military machines that are used only in combat or combat support during military activities, including reconnaissance missions, rescue missions and training missions and that bears either a label to that effect and that meets the requirements set out in subsections 17.2(3) and (4) or the U.S. emission control information label referred to in paragraph 225(e) of subpart C of CFR 1068;

  • (g) being exported and that is accompanied by a written statement establishing that it will not be used or sold for use in Canada;

  • (h) in conformity with the requirements of the Off-road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engine Emission Regulations and has a displacement of 1 000 cm³ or less and a gross engine power of more than 19 kW but less than or equal to 30 kW; or

  • (i) in conformity with the requirements of the Off-road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engine Emission Regulations as if it were a large spark-ignition engine, as defined in subsection 1(1) of those Regulations, but that has a gross engine power of 19 kW or less.

• (3) For the purpose of section 152 of the Act, the prescribed engines are those prescribed under subsection (1) that are manufactured in Canada, except any engine that will be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing.

• (4) For greater certainty, the classes of engines that are prescribed for the purposes of section 154 of the Act are those that are prescribed under subsection (1).

Application for Authorization to Apply the National Emissions Mark

• 6 (1) Any company that intends to apply a national emissions mark in relation to an engine shall apply to the Minister to obtain an authorization.

• (2) The application shall be signed by a person who is authorized to act on behalf of the company and shall include

  • (a) the name and street address of the head office of the company and, if different, its mailing address;

  • (b) a statement that the company is seeking to obtain the authorization to apply the national emissions mark under these Regulations;

  • (c) the street address of the location at which the national emissions mark will be applied; and

  • (d) information to show that the company is capable of verifying compliance with the standards set out in these Regulations.

National Emissions Mark

7 [Repealed, SOR/2017-196, s. 5]

8 [Repealed, SOR/2017-196, s. 5]

Standards

Emission Control Systems

• 9 (1) An emission control system that is installed on an 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 engine or the machine in which the engine is installed unsafe, or endanger persons or property near the engine or machine.

• (2) An engine must not be equipped with an auxiliary emission control device that reduces the effectiveness of the emission control system under conditions that may reasonably be expected to be encountered under normal operation of the engine, unless a description of the auxiliary emission control device is included in the evidence of conformity under section 16 or 17 and

  • (a) the conditions under which the auxiliary emission control device operates are substantially included in the test procedures referred to in section 13.1;

  • (b) the auxiliary emission control device is needed to protect the engine against damage or accident; or

  • (c) the auxiliary emission control device is only used to start the engine.

• (3) [Repealed, SOR/2020-258, s. 59]

• (4) [Repealed, SOR/2020-258, s. 59]

10 [Repealed, SOR/2017-196, s. 8]

• 11 (1) The crankcase of an engine must be closed.

• (2) Despite subsection (1), an engine may have an open crankcase if it

  • (a) is designed exclusively to power a snowblower; and

  • (b) meets the exhaust emission standards prescribed by these Regulations if crankcase emissions are considered to be exhaust emissions.

Adjustable Parameters and Altitude Kits

• 12 (1) In this section, adjustable parameter means a device, system or element of design that is capable of being physically adjusted to affect emissions or engine performance during emission testing or normal in-use operation, but does not include devices, systems or elements of design that are permanently sealed by the engine manufacturer or that are inaccessible with the use of ordinary tools.

• (2) Engines that are equipped with adjustable parameters shall comply with the applicable standards under these Regulations for any specification within the physically adjustable range.

12.1 For engines of the 2019 and later model years, a company may rely on an altitude kit as specified in paragraph 115(c) of subpart B of CFR 1054 to demonstrate compliance with exhaust emission standards.

Emission Standards

General

12.2 An engine of a given model year, except a replacement engine as defined in section 13, shall

• (a) conform to the applicable emission standards set out in sections 12.4 to 12.8; or

• (b) in the case of an engine that is covered by an EPA certificate and that is sold concurrently in Canada and the United States, conform to the following emission standards:

  • (i) for an engine of the 2019 or later model year that has a complete fuel system and whose fuel lines or fuel tanks are covered by one or more EPA certificates, those referred to in each of the EPA certificates, and

  • (ii) in any other case, those referred to in the EPA certificate.

EPA Certificates

12.3 For the purposes of subsection 153(3) of the Act,

• (a) the EPA is the prescribed agency; and

• (b) the provisions of the CFR that are applicable under an EPA certificate to an engine set out in paragraph 12.2(b), correspond to the standards referred to in sections 9 to 12.1 and paragraph 12.2(a).

Engines of 2005 to 2018 Model Years

12.4 An engine of a model year before the 2019 model year shall conform to the exhaust emission standards set out in

• (a) sections 103 to 105 of subpart B of CFR 90 that are applicable to engines of that model year and of the same engine class described in paragraph 116(b) of that subpart; or

• (b) sections 103 to 107 of subpart B of CFR 1054 that are applicable to engines of that model year and of the same engine class described in section 801 of subpart I of CFR 1054.

Engines of 2019 and Later Model Years

Engines

• 12.5 (1) Subject to subsection (2), the following standards set out in subpart B of CFR 1054 apply to engines of the 2019 and later model years:

  • (a) for engines that are designed to be used in a non-handheld machine, the applicable exhaust emission standards for HC + NO_x and CO set out in paragraphs 105(a) and (c) of subpart B of CFR 1054 that are applicable to engines of the same engine class, as described in section 801 of subpart I of CFR 1054, and for the useful life of an engine set out in paragraph 105(d) of subpart B of CFR 1054;

  • (b) for engines that are designed to be used in a handheld machine other than the engines referred to in paragraph (c), the applicable exhaust emission standards for HC + NO_x and CO set out in paragraphs 103(a) and (c) of subpart B of CFR 1054 that are applicable to engines of the same engine class, as described in section 801 of subpart I of CFR 1054, and for the useful life of an engine set out in paragraph 103(d) of subpart B of CFR 1054; and

  • (c) for engines with a total engine displacement greater than 80 cm³ that are designed to be used in a handheld machine but are used in a non-handheld machine, the standards set out in paragraph (a).

• (2) In the case of the engines referred to in paragraphs (1)(a) and (b), if the engines are tested with a fuel that meets the standards of the California Air Resources Board for Phase 3 test fuel found in the California Code of Regulations, Title 13, Division 3, Chapter 5, Article 1, Subarticle 2, Section 2262, the company may choose to apply the CO exhaust emission standards set out in paragraph 145(n)(2) of subpart B of CFR 1054.

• (3) In the case of a two-stroke engine that is designed to be used in a snowblower, the company may choose to apply to that engine the standards referred to in paragraph (1)(b) applicable to an engine of the same total engine displacement instead of those referred to in paragraph (1)(a).

Wintertime Engines

12.6 A company may choose to exempt one or more of its wintertime engines of the 2019 and later model years from the applicable exhaust emission standards for HC + NO_x set out in section 12.5 if it includes a statement to that effect in the evidence of conformity in respect of the engines in question.

Engines with Complete Fuel System

• 12.7 (1) Engines of the 2019 and later model years with a complete fuel system shall conform to the following standards:

  • (a) for engines that are designed to be used in a non-handheld machine for the useful life set out in section 112 of subpart B of CFR 1054,

    • (i) for non-metallic fuel lines, the permeation emission standards set out in paragraph 102(d)(2) of subpart B of CFR 1060,

    • (ii) for non-metallic fuel tanks, the permeation emission standards set out in paragraph 103(b) of subpart B of CFR 1060,

    • (iii) for metal fuel tanks, the standards set out in paragraph 103(f) of subpart B of CFR 1060,

    • (iv) except for a wintertime engine, the running loss emission standards set out in the following paragraphs of subpart B of CFR 1060:

      • (A) paragraph 104(b)(1),

      • (B) paragraph 104(b)(2), or

      • (C) paragraph 104(b)(3), if an approved Executive Order of the California Air Resources Board in respect of the engine’s running loss emissions has been included in the evidence of conformity,

    • (v) at the company’s choice, instead of the standards described in subparagraphs (i) and (ii), the diurnal emission standards set out in paragraph 105(e) of subpart B of CFR 1060, and

    • (vi) the evaporative emission standards set out in paragraphs 101(f)(1) and (3)(i) of subpart B of CFR 1060;

  • (b) for engines that are designed to be used in a handheld machine — other than the engines referred to in paragraph (c) — for the useful life of the engine set out in section 110 of subpart B of CFR 1054,

    • (i) for non-metallic fuel lines, the permeation emission standards set out in paragraph 102(d)(2) of subpart B of CFR 1060,

    • (ii) for non-metallic fuel tanks, the permeation emission standards set out in paragraph 103(b) of subpart B of CFR 1060,

    • (iii) for metal fuel tanks, the standards set out in paragraph 103(f) of subpart B of CFR 1060, and

    • (iv) the evaporative emission standards set out in paragraph 101(f)(3)(i) of subpart B of CFR 1060; and

  • (c) for engines that are designed to be used in a handheld cold weather machine for the useful life set out in section 110 of subpart B of CFR 1054,

    • (i) for non-metallic fuel lines, the permeation emission standards set out in paragraph 102(d)(3) of subpart B of CFR 1060,

    • (ii) for non-metallic fuel tanks, the permeation emission standards set out in paragraph 103(b) of subpart B of CFR 1060,

    • (iii) for metal fuel tanks, the standards set out in paragraph 103(f) of subpart B of CFR 1060, and

    • (iv) the evaporative emission standards set out in paragraph 101(f)(3)(i) of subpart B of CFR 1060.

• (2) For the purposes of paragraph 1(c), a handheld cold weather machine means any of the following handheld machines: a chainsaw, cut-off saw, clearing saw, brush cutter in which an engine with a total engine displacement that is greater than or equal to 40 cm³ is installed, commercial drill, ice auger and earth auger that is also designed to be used as an ice auger.

Bicycle Engines

• 12.8 (1) Bicycle engines of the 2019 and later model years shall conform to the following standards:

  • (a) subject to subsection (1.1), in the case of a bicycle engine with a complete fuel system,

    • (i) the exhaust emission standards for HC + NO_x and CO set out in paragraphs 105(a)(1) and 105(b) set out in subpart B of CFR 1051, and

    • (ii) the permeation emission standards set out in paragraph 110(a) and (b) of that subpart; and

  • (b) in any other case, the standards set out in subparagraph (a)(i).

• (1.1) If a bicycle has a dry weight of less than 20 kg when a bicycle engine with a complete fuel system is installed on it, the bicycle engine may, instead of conforming to the standards referred to in paragraph (1)(a), conform to

  • (a) the exhaust emission standards referred to in paragraph 12.5(1)(b) for an engine that is designed to be used in a handheld machine; and

  • (b) the evaporative emission standards referred to in subparagraph 12.7(1)(b)(iv) for an engine that is designed to be used in a handheld machine.

• (2) Despite paragraph (1)(a), a bicycle engine that has a total engine displacement of 70 cm³ or less may, instead of conforming to the exhaust emission standards referred to in paragraph (1)(a), conform to the exhaust emission standards set out in paragraph 615(b) of subpart G of CFR 1051.

• (3) The standards referred to in subsections (1) and (2) apply for the useful life set out in paragraph 105(c) of subpart B of CFR 1051 as if a bicycle were an off-highway motorcycle referred to in that paragraph.

Replacement Engines

• 13 (1) In this section, replacement engine means an engine manufactured exclusively to replace an engine in a machine for which no current model year engine with the physical or performance characteristics necessary for the operation of the machine exists.

• (2) A replacement engine may conform to, instead of the standards set out in sections 9 to 12.1 and paragraph 12.2(a),

  • (a) in the case where there exists a replacement engine manufactured to the specifications of a model year later than the model year of the original engine and with the physical or performance characteristics necessary for the operation of the machine,

    • (i) the standards referred to in sections 9 to 12.1 and paragraph 12.2(a) applicable to an engine manufactured to the specification of the model year of the replacement engine, or

    • (ii) if none of the standards referred to in sections 9 to 12.1 and paragraph 12.2(a) applies, the manufacturer’s specifications; and

  • (b) in any other case,

    • (i) the standards referred to in sections 9 to 12.1 and paragraph 12.2(a) applicable to the original engine, or

    • (ii) if none of those standards applies, the manufacturer’s specifications.

• (3) A replacement engine shall bear a label that meets the requirements set out in

  • (a) subsections 17.2(3) and (4) and that sets out, in both official languages, that the engine is a replacement engine; or

  • (b) as the case may be,

    • (i) paragraph 1003(b)(5) of subpart K of CFR 90 for engines of a model year before the 2019 model year, or

    • (ii) paragraph 240(b)(5) of subpart C of CFR 1068 for engines of the 2019 and later model years.

Interpretation of Standards

• 13.1 (1) For greater certainty, the standards in these Regulations that refer to the CFR include all of the test procedures, fuels and calculation methods specified for those standards in CFR 90, CFR 1051, CFR 1054 or CFR 1060, as the case may be.

• (2) In the case of a standard set out in the CFR that is to be phased in over a period of time for a class of engine, or fuel line or fuel tank attached to an engine, the standard comes into effect, for the purposes of these Regulations, in the model year for which the CFR specifies that the standard applies to 100% of that class of engine, or fuel line or fuel tank attached to an engine and continues to apply until another standard that applies comes into effect.

14 [Repealed, SOR/2017-196, s. 16]

Instructions

Emission-related Maintenance Instructions

• 15 (1) Every company shall ensure that written instructions respecting emission-related maintenance are provided to the first retail purchaser of an engine or machine. Those instructions shall be consistent with the maintenance instructions set out in paragraphs 1104(a) and (b) of subpart L of CFR 90, section 125 of subpart B of CFR 1051, section 125 of subpart B of CFR 1054, or section 125 of subpart B of CFR 1060, as the case may be, for the applicable model year.

• (2) The instructions shall be provided in English, French or both official languages, as requested by the purchaser.

Engine Kit Assembly Instructions

15.1 Every company shall ensure that each engine kit is accompanied by written instructions in English and French for the engine’s assembly — or the address of the place or the website where those instructions may be obtained — that will illustrate how to assemble the engine to conform to the standards prescribed under these Regulations.

Evidence of Conformity

16 In the case of an engine referred to in paragraph 12.2(b), evidence of conformity required under paragraph 153(1)(b) of the Act in respect of a company consists of

• (a) a copy of each EPA certificate covering the engine and, if applicable, any attached fuel line or attached fuel tank for an engine of the 2019 and later model years;

• (b) a document demonstrating that

  • (i) for an engine of a model year before the 2019 model year or for an engine of the 2019 and later model years without a complete fuel system, it is sold concurrently in Canada and in the United States, or

  • (ii) for an engine of the 2019 and later model years with a complete fuel system, it is sold concurrently with the same complete fuel system in Canada and in the United States;

• (c) a copy of the records submitted to the EPA in support of each application for an EPA certificate and any amended application in respect of an engine, fuel lines or fuel tanks that form part of a complete fuel system for an engine of the 2019 and later model years;

• (d) a U.S. emission control information label that is permanently affixed in the form and location set out in

  • (i) for engines before the 2019 model year, section 114 of subpart B of CFR 90 or, if applicable, paragraphs 135(b) to (h) of subpart B of CFR 1054, and

  • (ii) for engines of the 2019 and later model years, paragraphs 135(b) to (h) of subpart B of CFR 1054, and

    • (A) in the case of engines with a complete fuel system other than bicycle engines, paragraphs 135(a) to (e) of subpart B of CFR 1060, and

    • (B) in the case of bicycle engines, paragraphs 135(b) to (e) of subpart B of CFR 1051; and

  • (iii) [Repealed, SOR/2020-258, s. 64]

  • (iv) [Repealed, SOR/2020-258, s. 64]

• (e) for the purpose of testing the engine for conformity with exhaust emission standards, all information required to reproduce the emissions tests that generated the results contained in the records referred to in paragraph (c).

• 17 (1) In the case of an engine other than one referred to in paragraph 12.2(b), the evidence of conformity required under paragraph 153(1)(b) of the Act shall be obtained and produced by the company in a form and manner that is satisfactory to the Minister.

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

17.1 [Repealed, SOR/2020-258, s. 65]

National Emissions Mark and Label Requirements

• 17.2 (1) The national emissions mark is the mark set out in the schedule.

• (2) The national emissions mark shall be at least 7 mm in height and 10 mm in width.

• (3) The national emissions mark and any label required by these Regulations, except for a label referred to in paragraph 16(d), subsection 17.4(6) or section 17.5, shall be located

  • (a) on or immediately next to the label referred to in paragraph 16(d); or

  • (b) if there is no label as referred to in paragraph 16(d), in a visible or readily accessible location.

• (4) Except for the label referred to in paragraph 16(d), any label required by these Regulations, including the label on which the national emissions mark appears, shall

  • (a) be permanently applied so that any attempt to alter or remove it would damage it;

  • (b) be resistant to or protected against any weather condition; and

  • (c) bear inscriptions that are legible and indelible and that are indented, embossed or in a colour that contrasts with the background of the label.

• (5) A company that has been authorized to apply the national emissions mark shall display the authorization number assigned by the Minister in figures that are at least 2 mm in height, immediately below or to the right of the national emissions mark.

17.3 A company may apply the national emissions mark to an engine that is manufactured before January 1, 2005, if

• (a) the engine conforms to the standards set out in these Regulations for engines of the 2005 model year; and

• (b) the company meets the requirements of these Regulations in respect of that engine.

• 17.4 (1) Subject to subsection (6), an engine of the 2019 and later model years with a complete fuel system — other than an engine and its complete fuel system that are covered by EPA certificates or an engine set out in section 13 — shall bear a label that sets out

  • (a) the statement “THIS ENGINE AND THE COMPLETE FUEL SYSTEM CONFORM TO ALL APPLICABLE CANADIAN STANDARDS PRESCRIBED BY THE OFF-ROAD SMALL SPARK-IGNITION ENGINE EMISSION REGULATIONS IN EFFECT FOR MODEL YEAR [MODEL YEAR] / CE MOTEUR ET LE SYSTÈME COMPLET D’ALIMENTATION EN CARBURANT SONT CONFORMES À TOUTES LES NORMES CANADIENNES QUI LUI SONT APPLICABLES EN VERTU DU RÈGLEMENT SUR LES ÉMISSIONS DES PETITS MOTEURS HORS ROUTE À ALLUMAGE COMMANDÉ EN VIGUEUR POUR L’ANNÉE DE MODÈLE [ANNÉE DE MODÈLE]”;

  • (b) the month and year of manufacture of the engine, unless this information is permanently identified elsewhere on the engine;

  • (c) the useful life of the engine;

  • (d) an identification of the emission control system, as specified in paragraph 45(f) of subpart A of CFR 1068;

  • (e) the name and trademark of the engine manufacturer or, if provided in the evidence of conformity, the name and trademark of a business entity with which the manufacturer has a contractual agreement;

  • (f) the applicable emission family in respect of exhaust emissions;

  • (g) the total engine displacement, unless all the engines in the emission family have the same total displacement and per-cylinder displacement;

  • (h) the name of the company that installed the complete fuel system; and

  • (i) the applicable emission family or families in respect of evaporative emissions.

• (2) The information required under paragraph (1)(d) may be omitted from the label if there is insufficient space for it and if it is in the emissions-related maintenance instructions instead.

• (3) An engine — other than an engine referred to in subsection (1), an engine covered by an EPA certificate or an engine set out in section 13 — shall bear a label that sets out

  • (a) the statement “THIS ENGINE CONFORMS TO ALL APPLICABLE CANADIAN STANDARDS PRESCRIBED BY THE OFF-ROAD SMALL SPARK-IGNITION ENGINE EMISSION REGULATIONS IN EFFECT FOR MODEL YEAR [MODEL YEAR] / CE MOTEUR EST CONFORME À TOUTES LES NORMES CANADIENNES QUI LUI SONT APPLICABLES EN VERTU DU RÈGLEMENT SUR LES ÉMISSIONS DES PETITS MOTEURS HORS ROUTE À ALLUMAGE COMMANDÉ EN VIGUEUR POUR L’ANNÉE DE MODÈLE [ANNÉE DE MODÈLE]”; and

  • (b) the information set out in paragraphs (1)(b) to (g).

• (4) Subject to subsection (6), an engine that bears the label set out in subsection (3) or referred to in paragraph 16(d) and becomes subject to the evaporative emission standards by the addition of a complete fuel system in Canada, shall bear a label

  • (a) placed immediately next to the label set out in subsection (3) or referred to in paragraph 16(d) that contains the information set out in paragraphs (1)(a), (h) and (i); or

  • (b) that contains the information set out in subsection (1).

• (5) Paragraphs (1)(a) and (h) and (3)(a) do not apply when a national emissions mark is affixed to the engine or the machine in which that engine is installed.

• (6) In the case of an engine with a complete fuel system referred to in subsection (1) or (4) that is installed in a machine, a label that is referred to in those subsections and that meets the requirements of subsection 17.2(4) may be affixed on that machine instead of on the engine.

Unique Identification Number

17.5 A unique identification number shall be legible and affixed to every engine by being engraved on, stamped on or molded into the engine or displayed on a label that meets the requirements of subsection 17.2(4).

Maintenance, Retention and Submission of Records

• 18 (1) A company shall maintain a record in writing, or in a readily readable electronic or optical form, of the following information and retain the record for the following periods:

  • (a) a copy of any declaration set out in section 19, for a period of eight years after the year of the importation;

  • (b) the evidence of conformity set out in sections 16 or 17, as the case may be, for a period of eight years after the date of manufacture of the engine;

  • (c) for a company that imported less than 50 engines during a given calendar year, the number of engines imported, for a period of eight years after the calendar year in question; and

  • (d) if applicable, a copy of the declaration set out in section 20, and information demonstrating that the company has disposed of the engine in accordance with that declaration, for a period of eight years after the day of the disposal.

• (2) If the record is retained by another person on a company’s behalf, the company shall keep a record of that other person’s name, telephone number and civic address and, if different, their mailing address.

• (3) If the Minister makes a written request for a record referred to in subsection (1) or (2), the company shall submit it to the Minister in either official language

  • (a) within 40 days after the day on which the request is made to the company; or

  • (b) within 60 days after the day on which the request is made to the company, if the record is to be translated from a language other than French or English.

Information Regarding Suspension or Revocation of EPA Certificate

18.1 If an EPA certificate referred to in section 12.2 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;

• (d) in the case of a suspended or revoked EPA certificate covering engines,

  • (i) for each engine, the make, model and model year, and

  • (ii) for each engine installed in a machine, the make, model and type of machine; and

• (e) in the case of a suspended or revoked EPA certificate covering fuel lines, fuel tanks, or complete fuel systems, installed in machines, the make, model and type of each machine.

• 19 (1) Any company that imports 50 or more engines into Canada in a calendar year shall submit a declaration to the Minister, signed by the company’s duly authorized representative, that contains the following information:

  • (a) the importer’s name, telephone number and civic address and, if different, their mailing address and, if any, email address;

  • (b) the business number assigned to the company by the Minister of National Revenue;

  • (c) for every engine,

    • (i) the name of the manufacturer, the number of engines imported, the make, the model and model year of the engine and all applicable emission families, and

    • (ii) one of the following:

      • (A) a statement that each of the engines bears the national emissions mark, or

      • (B) a statement that the company is able to produce the evidence of conformity in accordance with section 16 or has produced it in accordance with section 17; and

  • (d) for every engine that is installed in a machine, the number of machines imported, the name of the manufacturer of the machine and its make, model and type.

• (2) The declaration shall be submitted to the Minister on or before February 1 of the calendar year following the calendar year during which the importation occurred.

20 The declaration referred to in paragraph 155(1)(a) of the Act shall be submitted to the Minister before the importation, signed by the person referred to in that paragraph or their duly authorized representative and shall contain

• (a) the following information:

  • (i) the importer’s name, telephone number and civic address and, if different, their mailing address and, if any, email address,

  • (ii) if applicable, the business number assigned to the company by the Minister of National Revenue,

  • (iii) in the case of an engine, the name of the manufacturer, the make, the model, model year and unique identification number of the engine, and

  • (iv) in the case of an engine that is installed in a machine, the name of the manufacturer of the machine and its make, model and type;

• (b) a statement that the engine will be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing; and

• (c) the date on which the engine will be imported and the date by which the engine will be removed from Canada or destroyed.

21 Any engine that is imported into Canada by a person that is not a company shall be labelled with

• (a) the national emissions mark;

• (b) the U.S. emission control information label referred to in paragraph 16(d) showing that the engine conformed to the emission standards of the EPA in effect at the time of its manufacture;

• (c) a label showing that the engine conformed to the emission standards of the California Air Resources Board in effect at the time of its manufacture; or

• (d) the label referred to in subsection 17.4(1) or (3).

22 A company that imports an engine into Canada in reliance on subsection 153(2) of the Act shall, before the importation, submit a declaration to the Minister, signed by its duly authorized representative, that contains the information described in paragraphs 19(1)(a) and (b) and

• (a) the name of the manufacturer, the number of engines that will be imported in a calendar year, the make, the model and model year of the engine and any applicable emission family;

• (b) for an engine that is installed in a machine, the number of machines that will be imported in a calendar year, the name of the manufacturer of the machine and its make, model and type;

• (c) a statement from the manufacturer of the engine that the engine will, when completed in accordance with instructions provided by the manufacturer, conform to the standards prescribed under these Regulations; and

• (d) a statement from the company that the engine will be completed in accordance with the instructions referred to in paragraph (c).

Rental Rate

23 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 an engine is made available, is 21% of the manufacturer’s suggested retail price of the engine.

Exemption

24 A company applying under section 156 of the Act for an exemption from conformity with any standard prescribed under these Regulations shall, before the importation or manufacture of an engine, submit in writing to the Minister

• (a) its name and street address and, if different, mailing address;

• (b) the province or country under the laws of which it is established;

• (c) the section number, title and text of the standards from which an exemption is sought;

• (d) the duration requested for the exemption;

• (e) the estimated number of engines for which the exemption is sought and an estimate of the changes in the level of emissions if the exemption is granted;

• (f) the reason for requesting the exemption, including technical and financial information that demonstrates in detail why conformity to the standards referred to in paragraph (c) would

  • (i) create substantial financial hardship for the company,

  • (ii) impede the development of new features for emission monitoring or emission control that are equivalent or superior to those that conform to prescribed standards, or

  • (iii) impede the development of new kinds of engines or engine systems or components;

• (g) if the basis of the application is substantial financial hardship,

  • (i) the world production of engines manufactured by the company or by the manufacturer that is the subject of the application in the 12-month period beginning two years before the start of the exemption period being sought, and

  • (ii) the total number of engines manufactured for, or imported into, the Canadian market in the 12-month period beginning two years before the start of the exemption period being sought; and

• (h) if the company is requesting that information submitted be treated as confidential under section 313 of the Act or otherwise, the reasons for the request.

• (i) [Repealed, SOR/2012-99, s. 6]

• 25 (1) In the case of a model of engine in respect of which the Governor in Council has, by order, granted an exemption under section 156 of the Act, the engine shall bear a label that meets the requirements set out in subsections 17.2(3) and (4).

• (2) The label referred to in subsection (1) shall set out, in both official languages, the standard for which the exemption has been granted, as well as the title and date of the exemption order.

Defect Information

• 26 (1) The notice of defect referred to in subsections 157(1) and (4) of the Act shall contain

  • (a) the name of the company giving the notice and its street address and, if different, mailing address, and the name, email address and phone number of the contact person;

  • (b) for each engine in respect of which the notice is given, its make, model, model year and the period during which the engine was manufactured, any applicable emission family and the range or ranges of unique identification numbers, if known;

  • (c) the total number of engines in respect of which the notice is given or, if the total number is not known, the estimated number;

  • (d) a description of the machine or type of machine in or on which the engine is installed or is likely to be installed;

  • (e) the estimated percentage of the potentially affected engines that contain the defect;

  • (f) a description of the defect;

  • (g) an evaluation of the pollution risk arising from the defect;

  • (h) a statement of the measures to be taken to correct the defect;

  • (i) a chronology of the principal events that led to the determination of the existence of the defect, if known; and

  • (j) a description of the means available to the company to contact the current owner of each affected engine.

• (2) The notice of defect shall be given in writing and, in the case of notices 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.

• (3) 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) an update of the information required by subsection (1) if there has been any change to the information;

  • (b) if not already provided in the notice,

    • (i) the range or ranges of unique identification numbers,

    • (ii) the total number of engines in respect of which the notice of defect was given, and

    • (iii) a chronology of the principal events that led to the determination of the existence of the defect; and

  • (c) 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.

• (4) If a company submits an initial report, it shall submit a quarterly report, within 45 days after the end of each of the following six quarters, to the Minister respecting the defect and its correction containing 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 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 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 engines repaired by or on behalf of the company, including engines requiring inspection only.

26.1 Any report or declaration to be submitted under these Regulations shall be submitted electronically in the format provided by the Minister, but shall be submitted in writing if

• (a) a format has not been provided; or

• (b) it is, owing to circumstances beyond the control of the person required to submit the report, impracticable to submit the report electronically in the format provided.

Coming into Force

• 27 (1) These Regulations, except sections 3 to 5 and 9 to 26, come into force on the day on which they are registered.

• (2) Sections 3 to 5 and 9 to 26 come into force on January 1, 2005.

SCHEDULE(subsection 17.2(1))National Emissions Mark

• SOR/2017-196, s. 26