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

Regulations are current to 2022-07-25 and last amended on 2021-06-04. Previous Versions

Interpretation of Standards (continued)

 [Repealed, SOR/2017-196, s. 16]

Instructions

[
  • SOR/2017-196, s. 17
]

Emission-related Maintenance Instructions

[
  • SOR/2017-196, s. 17
]
  •  (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.

  • SOR/2017-196, s. 18

Engine Kit Assembly Instructions

 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.

  • SOR/2017-196, s. 19

Evidence of Conformity

 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).

  •  (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.

  • SOR/2017-196, s. 19

 [Repealed, SOR/2020-258, s. 65]

National Emissions Mark and Label Requirements

  •  (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.

 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.

  • SOR/2017-196, s. 19
  •  (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

 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).

  • SOR/2017-196, s. 19

Maintenance, Retention and Submission of Records

  •  (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.

  • SOR/2017-196, s. 19

Information Regarding Suspension or Revocation of EPA Certificate

 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.

  • SOR/2017-196, s. 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.

 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.

 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).

  • SOR/2017-196, s. 21
 
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