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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

Unique Identification Number (continued)

Information Regarding Suspension or Revocation of EPA Certificate (continued)

 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).

  • SOR/2017-196, s. 22

Rental Rate

 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

 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]

  • SOR/2012-99, s. 6
  • SOR/2017-196, s. 23
  •  (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.

  • SOR/2017-196, s. 24

Defect Information

  •  (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.

 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.

  • SOR/2017-196, s. 25

Coming into Force

  •  (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.

 
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