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

Transition Engines (continued)

  •  (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).

  • SOR/2011-261, s. 13
  •  (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.

  • SOR/2011-261, s. 13

Instructions

[SOR/2011-261, s. 14]

Emission-related Maintenance

[SOR/2011-261, s. 14]
  •  (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.

  • SOR/2011-261, s. 15

Installation of Emission Control System

  •  (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.

  • SOR/2011-261, s. 16

Records

[SOR/2011-261, s. 17]

Evidence of Conformity

[SOR/2011-261, s. 17]

 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.

  • SOR/2011-261, s. 18
  •  (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.

  • SOR/2011-261, s. 19
 
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