Off-Road Compression-Ignition Engine Emission Regulations (SOR/2005-32)

Regulations are current to 2019-06-20 and last amended on 2012-01-16. Previous Versions

Off-Road Compression-Ignition Engine Emission Regulations

SOR/2005-32

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 2005-02-08

Off-Road Compression-Ignition Engine Emission Regulations

P.C. 2005-138 2005-02-08

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 May 8, 2004, a copy of the proposed Off-Road Compression-Ignition Engine Emission Regulations, substantially in the form set out in the annexed Regulations, 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, 1999Footnote a, hereby makes the annexed Off-Road Compression-Ignition Engine Emission Regulations.

Interpretation

  •  (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.

  • SOR/2011-261, s. 1

Purpose

 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

 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.

  • SOR/2011-261, s. 2

Application

 These Regulations apply to engines of the 2006 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

    • (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

  •  (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.

  • SOR/2011-261, s. 3
 
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