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Off-Road Small Spark-Ignition Engine Emission Regulations (SOR/2003-355)

Regulations are current to 2024-02-20 and last amended on 2021-06-04. Previous Versions

Off-Road Small Spark-Ignition Engine Emission Regulations

SOR/2003-355

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 2003-11-06

Off-Road Small Spark-Ignition Engine Emission Regulations

P.C. 2003- 1774 2003-11-06

Whereas, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999Footnote a, the Minister of the Environment published in the Canada Gazette, Part I, on March 29, 2003, a copy of the proposed Off-Road Small Spark-Ignition Engine Emission Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the Regulations or a notice of objection requesting that a board of review be established and stating the reasons for the objection;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 160 of the Canadian Environmental Protection Act, 1999a, hereby makes the annexed Off-Road Small Spark-Ignition Engine Emission Regulations.

Interpretation

  •  (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

 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

 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.

  • SOR/2017-196, s. 2

Application

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

Model Year

  •  (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.

  • SOR/2017-196, s. 3

Prescribed Engines

  •  (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).

 

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