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

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• (1.2) [Repealed, SOR/2020-258, s. 58]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