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

Records (continued)

[SOR/2011-261, s. 17]

Evidence of Conformity (continued)

[SOR/2011-261, s. 17]

 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.

  • SOR/2011-261, s. 19

Maintenance, Retention and Submission of Records

  •  (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.

  • SOR/2011-261, s. 19

Importation Requirements and Documents

  •  (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.

  • SOR/2011-261, s. 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.

  • SOR/2011-261, s. 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).

  • SOR/2011-261, 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 12% 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 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]

  • SOR/2011-261, s. 23
 
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