Interpretation

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

  Act

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

  CFR

  CFR means chapter I of Title 40 of the Code of Federal Regulations of the United States as amended from time to time. (CFR)

  CFR 89

  CFR 89 means subchapter C, part 89, of the CFR. (CFR 89)

  CFR 1039

  CFR 1039 means subchapter U, part 1039, of the CFR. (CFR 1039)

  CFR 1068

  CFR 1068 means subchapter U, part 1068, of the CFR. (CFR 1068)

  crankcase emissions

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

  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 exhaust emissions from an engine. (système antipollution)

  engine

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

  engine family

  engine family means an engine family as described in section 230, subpart C, of CFR 1039. (famille de moteurs)

  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 hydrocarbons emitted into the atmosphere from an engine, 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)

  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)

  off-road engine

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

  • (a) is designed to be or is capable of being carried or moved; or

  • (b) is used or designed to be used in or on a machine. (moteur hors route)

  smoke emissions

  smoke emissions means substances in exhaust emissions that prevent the transmission of light. (émissions de fumée)

  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 of use in respect of which an emission standard applies to an engine, as set out in section 104(a), subpart B, of CFR 89 or in section 101(g), subpart B, of CFR 1039. (durée de vie utile)

• (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.

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

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

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

  • (c) “Tier” shall be read as “groupe” in the French version of these Regulations; and

  • (d) “phase-out” shall be read as “abandon progressif” in the French version of these Regulations.

Purpose

2 The purpose of these Regulations is to

• (a) reduce emissions of hydrocarbons, oxides of nitrogen, particulate matter 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) the prescribed off-road compression-ignition engines for the purposes of the definition engine in section 149 of the Act;

• (b) the requirements respecting the conformity of off-road compression-ignition engines with emission standards for the purposes of sections 153 and 154 of the Act; and

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

Application

3 These Regulations apply to engines of the 2006 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

  • (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) Subject to subsection (2), the off-road engines that are prescribed for the purposes of the definition engine in section 149 of the Act are those that operate as reciprocating, internal combustion engines, other than those that operate under characteristics significantly similar to the theoretical Otto combustion cycle and that use a spark plug or other sparking device.

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

  • (a) are designed to be used exclusively for competition and bear a label to that effect;

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

  • (c) are designed to be used exclusively in underground mines, may be used outside underground mines and are certified by

    • (i) the Canada Centre for Mineral and Energy Technology (CANMET), or

    • (ii) the Mine Safety and Health Administration of the United States in accordance with Title 30, chapter I, subchapter B, part 7, subpart E of the Code of Federal Regulations of the United States;

  • (d) have a per-cylinder displacement of less than 50 cm³;

  • (e) are designed exclusively to be used in military machines designed exclusively for use in combat or combat support and bear either a label to that effect or the U.S. emission control information label referred to in section 225(d), subpart C, of CFR 1068;

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

  • (g) are designed to be used in a vessel and have fuel, cooling and exhaust systems that are integral parts of the vessel;

  • (h) are used or designed to be used in or on machines designed and intended not to be moved and bear either a label indicating that those engines are stationary engines or the U.S. emission control information label referred to in section 20, subpart A, of CFR 1039; or

  • (i) are used exclusively to provide electricity for small communities in remote areas and that bear a label to that effect.

• (2.1) For the purposes of paragraphs (2)(a), (e), (h) and (i), and for greater certainty, the label, other than the U.S. emission control information label affixed under CFR 89, 1039 or 1068, shall meet the requirements set out in section 8.

• (3) Subject to subsection (4), for the purposes of section 152 of the Act, the prescribed engines are those referred to in subsection (1) that are manufactured in Canada, including those that have their manufacture completed by the addition of an emission control system at the time of installation in or on a machine.

• (4) Section 152 of the Act does not apply to

  • (a) engines of a specific model year that are covered by an EPA certificate, that have their manufacture completed in Canada by the addition of an emission control system in accordance with the certificate and the installation instructions that accompany the engines under section 15.1, and that are sold concurrently in Canada and in the United States; or

  • (b) engines that are to be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing.

Application for Authorization to Apply the National Emissions Mark

• 6 (1) A company that intends to apply a national emissions mark in relation to an engine shall make a request to the Minister to obtain an authorization that is in the form set out in Schedule 1.

• (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 and Label Requirements

• 7 (1) The national emissions mark is the mark set out in Schedule 2.

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

• (3) A company that is authorized to apply the national emissions mark shall display the identification 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.

• (4) and (5) [Repealed, SOR/2011-261, s. 6]

• 8 (1) The national emissions mark and any label required by these Regulations, other than a U.S. emission control information label, shall be located

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

  • (b) if there is no emission control information label, in a visible or readily accessible location.

• (2) The national emissions mark and any label required by these Regulations, other than a U.S. emission control information label, shall

  • (a) be permanently applied;

  • (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 label’s background.

Unique Identification Number

• 8.1 (1) A unique identification number shall be applied to every engine.

• (2) The unique identification number shall be legible and may be engraved or stamped on the engine or may be on a label that meets the requirements set out in section 8.

Engine Standards

• 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 had not been 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) No engine shall be equipped with a defeat device as defined in section 107(b), subpart B, of CFR 89 or section 115(g), subpart B, of CFR 1039, as the case may be.

• 10 (1) Subject to sections 11.1 to 14, an engine of a given gross power category shall conform to,

  • (a) for the 2006 to 2011 model years,

    • (i) the exhaust emission standards set out in section 112, subpart B, of CFR 89 for those model years,

    • (ii) the crankcase emission standards set out in section 112(e), subpart B, of CFR 89 for those model years, and

    • (iii) the smoke emission standards set out in section 113, subpart B, of CFR 89 for those model years;

  • (b) for the 2012 to 2014 model years,

    • (i) subject to subsection (4), either the exhaust emission standards set out in sections 101(a), (b), (c), (e) and (f), or sections 102(a) and (b), subpart B, of CFR 1039 for those model years,

    • (ii) the crankcase emission standards set out in section 115(a), subpart B, of CFR 1039 for those model years,

    • (iii) the smoke emission standards set out in section 105, subpart B, of CFR 1039 for those model years, and

    • (iv) the evaporative emission standards for engines fuelled with volatile liquid fuels set out in section 107, subpart B, of CFR 1039 for those model years; and

  • (c) for the 2015 and subsequent model years,

    • (i) the exhaust emission standards set out in sections 101(a), (b), (c), (e) and (f), subpart B, of CFR 1039 for those model years,

    • (ii) the crankcase emission standards set out in section 115(a), subpart B, of CFR 1039 for those model years,

    • (iii) the smoke emission standards set out in section 105, subpart B, of CFR 1039 for those model years, and

    • (iv) the evaporative emission standards for engines fuelled with volatile liquid fuels set out in section 107, subpart B, of CFR 1039 for those model years.

• (2) Subject to subsection (3), the standards referred to in subsection (1) apply for the useful life of the engine and include the test procedures, fuels and calculation methods set out in CFR 89 or CFR 1039, as the case may be, for the model year in question. For greater certainty, the certification standards described in section 120, subpart B, of CFR 89 or section 240, subpart C, of CFR 1039, as the case may be, apply to the model year in question.

• (3) The in-use standards that apply for the useful life of engines of the 2012 and subsequent model years set out in the table to section 104(b), subpart B, of CFR 1039 are determined in accordance with that section.

• (4) For the purposes of subparagraph (1)(b)(i), the applicable standards for interim Tier 4 engines that have a gross power category of 56 kW to less than 560 kW are the phase-out standards set out in tables 4 to 6, as applicable, to section 102, subpart B, of CFR 1039.

• 10.1 (1) Subject to subsection 13(3), an engine that is imported into or manufactured in Canada — other than an EPA-certified engine, an engine used in a transportation refrigeration unit referred to in section 11.1 and a replacement engine referred to in section 12 — shall bear a label that sets out

  • (a) the statement “THIS ENGINE CONFORMS TO ALL APPLICABLE STANDARDS FOR THE [insert model year] MODEL YEAR PRESCRIBED BY THE CANADIAN OFF-ROAD COMPRESSION-IGNITION ENGINE EMISSION REGULATIONS IN EFFECT ON THE DATE OF MANUFACTURE / CE MOTEUR EST CONFORME À TOUTES LES NORMES QUI SONT APPLICABLES À L’ANNÉE DE MODÈLE [inscrire l’année de modèle] EN VERTU DU RÈGLEMENT SUR LES ÉMISSIONS DES MOTEURS HORS ROUTE À ALLUMAGE PAR COMPRESSION CANADIEN EN VIGUEUR À LA DATE DE SA CONSTRUCTION”;

  • (b) the model year of the engine;

  • (c) the date of manufacture of the engine;

  • (d) the gross power or gross power category of the engine;

  • (e) an identification of the emission control system;

  • (f) the name of the engine manufacturer;

  • (g) the engine family; and

  • (h) the engine displacement.

• (2) Paragraph 10.1(1)(a) does not apply when a national emissions mark is affixed to the engine.

• (3) Paragraph 10.1(1)(e) does not apply to a transition engine as referred to in subsection 13(1).

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

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

Transportation Refrigeration Unit

• 11.1 (1) The following definition applies in this section.

  transportation refrigeration unit

  transportation refrigeration unit means a refrigeration system that is powered by an engine and that is designed to control the temperature of products that are transported in rolling stock, vehicles or trailers. (dispositif frigorifique de transport)

• (2) The following engines that are used in a transportation refrigeration unit may, instead of conforming to the exhaust emission standards set out in subparagraphs 10(1)(b)(i) and (c)(i), conform to those set out in sections 645(a), (b), (d)(2), (d)(3), (e) and (f), subpart G, of CFR 1039:

  • (a) an engine of the 2012 model year that has a gross power of less than 37 kW; and

  • (b) an engine of the 2012 to 2015 model years that has a gross power of 37 kW to less than 56 kW.

• (3) An engine referred to in subsection (2) shall bear either

  • (a) a label that sets out

    • (i) a statement, in both official languages, that the engine is to be used exclusively in a transportation refrigeration unit,

    • (ii) the model year of the engine,

    • (iii) the date of manufacture of the engine,

    • (iv) the gross power or gross power category of the engine,

    • (v) an identification of the emission control system, and

    • (vi) the name of the engine manufacturer; or

  • (b) the U.S. emission control information label referred to in section 645(d)(1), subpart G, of CFR 1039.

Replacement Engines

• 12 (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 is manufactured by the manufacturer of the original engine.

• (2) If the manufacturer of the replacement engine does not manufacture a current model year engine with the physical or performance characteristics necessary for the operation of the machine, the replacement engine may conform to, instead of the standards set out in sections 9 to 11,

  • (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 11 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 11 apply, the manufacturer’s specifications; and

  • (b) in any other case,

    • (i) the standards referred to in sections 9 to 11 applicable to the original engine, or

    • (ii) if none of the standards referred to in sections 9 to 11 applied, the manufacturer’s specifications.

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

  • (a) section 8 and that sets out

    • (i) a statement, in both official languages, that the engine is a replacement engine,

    • (ii) the model year of the engine or the emission standard according to which the engine was manufactured,

    • (iii) the date of manufacture of the engine,

    • (iv) the gross power or gross power category of the engine,

    • (v) an identification of the emission control system, and

    • (vi) the name of the engine manufacturer; or

  • (b) section 1003(b)(7), subpart K, of CFR 89 or section 240(b)(6), subpart C, of CFR 1068, as the case may be.

Transition Engines

• 13 (1) This section applies to an engine for which a company elects to apply a standard set out in subsection (2), hereinafter referred to as a transition engine, that

  • (a) is imported into or manufactured in Canada for the purpose of being installed in or on a machine; or

  • (b) is installed in or on a machine that is imported into Canada.

• (2) Instead of the standards referred to in sections 9 to 11, a company may elect to apply one or more of the following standards to transition engines that fall within the following gross power categories if, in the case of an engine referred to in paragraph (1)(a), the engine is installed in Canada during the applicable time period for that standard or, in the case of an engine referred to in paragraph (1)(b), the engine is imported before the end of that same time period:

  • (a) in the case of transition engines that have a gross power of less than 19 kW, until December 31, 2014, the standards for Tier 2 engines set out in CFR 89 as referred to in paragraph 10(1)(a);

  • (b) in the case of transition engines that have a gross power of 19 kW to less than 37 kW,

    • (i) until December 31, 2014, the standards for Tier 2 engines set out in CFR 89 as referred to in paragraph 10(1)(a), and

    • (ii) until December 31, 2018, the standards for interim Tier 4 engines set out in Table 2 to section 102, subpart B, of CFR 1039;

  • (c) in the case of transition engines that have a gross power of 37 kW to less than 56 kW,

    • (i) until December 31, 2014, the standards for Tier 2 engines set out in CFR 89 as referred to in paragraph 10(1)(a), and

    • (ii) until December 31, 2018, the standards for interim Tier 4 engines set out in Table 3 to section 102, subpart B, of CFR 1039;

  • (d) in the case of transition engines that have a gross power of 56 kW to less than 75 kW,

    • (i) until December 31, 2018, the standards for Tier 3 engines set out in CFR 89 as referred to in paragraph 10(1)(a), and

    • (ii) during the period beginning on January 1, 2014 and ending on December 31, 2020, the phase-out standards for interim Tier 4 engines set out in Table 4 to section 102, subpart B, of CFR 1039;

  • (e) in the case of transition engines that have a gross power of 75 kW to less than 130 kW,

    • (i) until December 31, 2018, the standards for Tier 3 engines set out in CFR 89 as referred to in paragraph 10(1)(a), and

    • (ii) during the period beginning on January 1, 2014 and ending on December 31, 2020, the phase-out standards for interim Tier 4 engines set out in Table 5 to section 102, subpart B, of CFR 1039;

  • (f) in the case of transition engines that have a gross power of 130 kW to 560 kW,

    • (i) until December 31, 2017, the standards for Tier 3 engines set out in CFR 89 as referred to in paragraph 10(1)(a), and

    • (ii) during the period beginning on January 1, 2014 and ending on December 31, 2020, the phase-out standards for interim Tier 4 engines set out in Table 6 to section 102, subpart B, of CFR 1039; and

  • (g) in the case of transition engines that have a gross power of more than 560 kW,

    • (i) until December 31, 2012, the standards for Tier 1 engines set out in CFR 89 as referred to in paragraph 10(1)(a),

    • (ii) until December 31, 2017, the standards for Tier 2 engines set out in CFR 89 as referred to in paragraph 10(1)(a), and

    • (iii) during the period beginning on January 1, 2015 and ending on December 31, 2021, the standards for interim Tier 4 engines set out in Table 7 to section 102, subpart B, of CFR 1039.

• (3) Subject to subsection (4), a transition engine shall bear either

  • (a) a label that sets out the information described in section 10.1 along with a statement, in both official languages, that the engine is a transition engine; or

  • (b) the U.S. emission control information label referred to in section 625(j)(1), subpart G, of CFR 1039.

• (4) A transition engine that has a gross power of more than 560 kW to which a company has elected to apply the standards referred to in subparagraph (2)(g)(i) shall bear either

  • (a) a label that sets out the information described in section 10.1 along with a statement, in both official languages, that the engine is a transition engine; or

  • (b) the U.S. emission control information label referred to in section 102(i)(9), subpart B, of CFR 89.

• 13.1 (1) Subject to subsection (3), a company that elects to apply one of the standards set out in subsection 13(2) shall submit to the Minister an annual report, signed by a person who is authorized to act on behalf of the company, within 90 days after the end of the calendar year during which the engine is imported or manufactured.

• (2) The annual report shall contain the following information:

  • (a) with respect to the company,

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

    • (ii) the business number assigned to it by the Minister of National Revenue;

  • (b) with respect to each transition engine referred to in paragraph 13(1)(a) that is intended for use or sale in Canada,

    • (i) the name of the manufacturer,

    • (ii) the power category,

    • (iii) the model year,

    • (iv) the emission standard referred to in subsection 13(2) according to which the engine was manufactured, and

    • (v) a statement as to whether the engine will be installed in a machine model that is sold concurrently in Canada and in the United States;

  • (c) with respect to each transition engine referred to in paragraph 13(1)(b) and installed in or on a machine that is intended for use or sale in Canada,

    • (i) the name of the engine manufacturer,

    • (ii) the power category,

    • (iii) the model year,

    • (iv) the emission standard referred to in subsection 13(2) according to which the engine was manufactured, and

    • (v) a statement as to whether at least one machine of the same model as the one in which the engine is installed is sold concurrently in Canada and in the United States;

  • (d) if the company referred to in subsection (1) also imports or manufactures an engine — whether installed in or on a machine or not — that is intended for use or sale in Canada and that conforms to the standards referred to in section 9 to 11, 11.1, 12 or 14, with respect to the engine,

    • (i) the name of the manufacturer,

    • (ii) the gross power or gross power category,

    • (iii) the model year,

    • (iv) the emission standard according to which the engine was manufactured, and

    • (v) a statement as to whether the engine is installed in or on a machine; and

  • (e) if more than one engine referred to in paragraph (b), (c) or (d) share the characteristics referred to in subparagraphs (i) to (v) of that paragraph, the number of engines sharing those characteristics.

• (3) A person who is not a company and who imports five engines or less per calendar year is exempt from the obligation to submit to the Minister the report referred to in subsection (1).

• 14 (1) Engines of a given model year that are covered by an EPA certificate shall, instead of conforming to the standards referred to in sections 9 to 11, conform to the certification and in-use standards referred to in the EPA certificate, if at least one engine of the same engine family is sold concurrently in Canada and in the United States.

• (2) For the purposes of subsection 153(3) of the Act, the provisions of the CFR that are applicable to an engine referred to in subsection (1), under the EPA certificate, correspond to the certification and in-use standards referred to in subsection (1).

• (3) For the purposes of subsection 153(3) of the Act, the EPA is the prescribed agency.

Instructions

Emission-related Maintenance

• 15 (1) Every company shall ensure that the first retail purchaser of every engine or machine is provided with written instructions respecting emission-related maintenance and that the instructions are consistent with the maintenance instructions set out in section 109(a), subpart B, of CFR 89 or section 125, subpart B, of CFR 1039, as the case may be, for the model year in question.

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

Installation of Emission Control System

• 15.1 (1) Every company shall ensure that every engine that is to be installed in or on a machine in Canada is accompanied by written instructions for installing the engine and emission control system, or the address of the place or the website where those instructions may be obtained.

• (2) The instructions shall contain the following information:

  • (a) detailed installation procedures for the exhaust system, emission control system and any of their components; and

  • (b) an indication of any limits on the types of use for the engine to ensure that the emission standards are conformed to.

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

Records

Evidence of Conformity

16 In the case of an engine referred to in subsection 14(1), evidence of conformity for the purposes of paragraph 153(1)(b) of the Act in respect of a company shall consist of

• (a) a copy of the EPA certificate covering the engine;

• (b) a document demonstrating that the engine covered by the EPA certificate is sold concurrently in Canada and in the United States;

• (c) a copy of the records submitted to the EPA in support of the application for the issuance of the EPA certificate in respect of the engine; and

• (d) a U.S. emission control information label that is permanently affixed in the form and location set out in section 110, subpart B, of CFR 89, section 135, subpart B, of CFR 1039 or, if applicable, section 645(d)(1) of that subpart for the applicable model year of the engine.

• 17 (1) In the case of an engine other than one referred to in subsection 14(1), evidence of conformity for the purposes of paragraph 153(1)(b) of the Act in respect of a company shall consist of the following:

  • (a) with respect to a transition engine referred to in section 13 that is installed or will be installed in or on a machine of a model of which at least one machine is sold concurrently in Canada and in the United States,

    • (i) in the case of a transition engine referred to in paragraph 13(1)(a),

      • (A) a statement, dated and signed by the company or its duly authorized representative, certifying that the engine conforms to section 625(e), subpart G, of CFR 1039,

      • (B) a document demonstrating that at least one machine of the same model as the one in which the engine will be installed is sold concurrently in Canada and in the United States,

      • (C) a copy of the documentation submitted to the EPA under section 625, subpart G, of CFR 1039, and

      • (D) a copy of the label referred to in subsection 13(3) or (4), if applicable,

    • (ii) in the case of a transition engine referred to in paragraph 13(1)(b),

      • (A) a statement, dated and signed by the company or its duly authorized representative, certifying that the engine conforms to section 625(e), subpart G, of CFR 1039,

      • (B) a document demonstrating that at least one machine of the same model as the one in which the engine is installed is sold concurrently in Canada and in the United States,

      • (C) a copy of the documentation submitted to the EPA under section 625, subpart G, of CFR 1039, and

      • (D) a copy of the label referred to in subsection 13(3) or (4), if applicable;

  • (b) with respect to an engine other than one referred to in paragraph (a), evidence of conformity shall be obtained and produced by a company in a form and manner that is satisfactory to the Minister and shall include a copy of the label referred to in section 10.1, 11.1, 12 or 13, as the case may be.

• (2) For greater certainty, the company shall submit the evidence of conformity referred to in paragraph (1)(b) to the Minister before importing an engine or applying a national emissions mark to it.

17.1 For greater certainty, a company that imports an engine or applies a national emissions mark to it under subsection 153(2) of the Act is not required to submit the evidence of conformity referred to in subsection 17(1) to the Minister before importing it or applying a national emissions mark to it, but shall submit that evidence in accordance with subsection 153(2) of the Act before the engine leaves the possession or control of the company.

Maintenance, Retention and Submission of Records

• 18 (1) A company shall maintain records, in writing or in a readily readable electronic or optical form, that contain the following documents and retain the records for the following periods:

  • (a) a copy of the annual report referred to in section 13.1, for a period of eight years following the end of the calendar year in question; and

  • (b) the evidence of conformity referred to in section 16 or 17, as the case may be, for a period of eight years following

    • (i) if the engine is imported, the date of import, or

    • (ii) in any other case, the end of the calendar year that corresponds to the model year of the engine.

• (2) If the records referred to in subsection (1) are retained on a company’s behalf, the company shall keep a record of the name and street address and, if different, the mailing address of the person who retains those records.

• (3) If the Minister makes a written request to the company 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; or

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

Importation Requirements and Documents

• 19 (1) Subject to subsections (1.1) and (2) and for the purposes of paragraph 153(1)(b) of the Act, any person importing an engine into Canada shall, before the importation, submit a declaration to the Minister, signed by that person or their duly authorized representative, that contains the following information:

  • (a) the name and street address and, if different, the mailing address of the importer;

  • (b) in respect of an engine that is not installed in or on a machine, the name of the manufacturer and the make, model and model year of the engine;

  • (c) in respect of a machine, the name of the manufacturer and the make, model and type of the machine, as well as the name of the manufacturer and the make, model and model year of the engine that is installed in or on the machine;

  • (d) the expected date of importation;

  • (e) in the case of a company,

    • (i) the business number assigned to the company by the Minister of National Revenue, and

    • (ii) a statement that the engine bears the national emissions mark, or that the company is either able to produce the evidence of conformity referred to in section 16 or complies with section 17; and

  • (f) in the case of a person that is not a company,

    • (i) a statement from the person that the engine bears

      • (A) the national emissions mark,

      • (B) the 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 section 10.1 showing that the engine conformed to these Regulations at the time of its manufacture, or

    • (ii) a statement from the manufacturer or its duly authorized representative that the engine conformed to the standards set out in these Regulations, or to the standards referred to in clause (i)(B) or (C), at the time of its manufacture.

• (1.1) A person who is not a company and who imports five engines or less per calendar year is exempt from the obligation to submit to the Minister the declaration referred to in subsection (1).

• (2) For the purposes of paragraph 153(1)(b) of the Act, any company that imports 50 or more engines into Canada in a calendar year may provide the information referred to in subsection (1) in another form and manner that is satisfactory to the Minister.

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

  • (a) the information set out in paragraphs 19(1)(a) to (d) and, if applicable, subparagraph 19(1)(e)(i);

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

  • (c) the date on which the engine will be removed from Canada or destroyed or will conform to these Regulations; and

  • (d) the engine’s unique identification number.

• (2) The declaration shall be submitted to the Minister before the engine is imported or, in the case of a company that imports more than 50 engines, quarterly, at the option of the company.

• (3) A copy of the statement referred to in paragraph (1)(b) shall accompany the engine.

21 A company that imports an engine 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) to (d) and subparagraph 19(1)(e)(i), along with

• (a) 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

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

Rental Rate

22 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 12% of the manufacturer’s suggested retail price of the engine.

Exemption

23 A company applying under section 156 of the Act for an exemption from conformity with any standard prescribed under these Regulations shall, before manufacturing or importing the engine, submit the following information in writing to the Minister:

• (a) its name and street address and, if different, its 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 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/2011-261, s. 23]

• 24 (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 section 8.

• (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

• 25 (1) The notice of defect referred to in subsections 157(1) and (4) of the Act shall be given in writing and shall contain the following information:

  • (a) the name of the company giving the notice;

  • (b) a description of each engine in respect of which the notice is given, including the name of the manufacturer, the make, the model, the model year, the period during which the engine was manufactured and, if applicable, the EPA engine family identification;

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

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

  • (e) a description of the defect;

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

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

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

• (2) 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) the information required by subsection (1);

  • (b) the total number of engines in relation to which the notice of defect has been given;

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

  • (d) a description of the measures undertaken to correct the defect; and

  • (e) 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.

• (3) If a company submits an initial report under subsection (2), it shall submit, within 45 days after the end of each calendar quarter, a quarterly report to the Minister respecting the defect and its correction that contains the following information:

  • (a) the number, title or other identification assigned by the company to the notice of defect;

  • (b) the number of engines in relation to which the notice of defect has been given;

  • (c) the date that notices of defect were given to the current owners of the affected engines; and

  • (d) the total number or percentage of engines repaired by or on behalf of the company, including engines requiring inspection only.

25.1 [Repealed, SOR/2011-261, s. 26]

Coming into Force

• 26 (1) These Regulations, except sections 3 to 5 and 9 to 25, come into force on the day on which they are registered.

• (2) Sections 3 to 5 and 9 to 25 come into force on January 1, 2006.

SCHEDULE 1(Subsection 6(1))

Ministerial Authorization

Department of the Environment

Canadian Environmental Protection Act, 1999

Off-Road Compression-Ignition Engine Emission Regulations

Identification Number

Pursuant to the Canadian Environmental Protection Act, 1999, I, , the Minister of the Environment, hereby authorize (name and address) to use and apply at its premises located at (location) the national emissions mark and this identification number on the following gross power categories of prescribed engines, provided that the engines conform to all applicable emission standards: (list gross power categories).

This authorization expires on (date).

Issued on (date).

for the Minister of the Environment

• SOR/2011-261, s. 28

SCHEDULE 2(Subsection 7(1))National Emissions Mark

• SOR/2011-261, s. 27