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## Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations

SOR/2010-201

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 2010-09-23

Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations

P.C. 2010-1162 2010-09-23

Whereas, pursuant to subsection 332(1)Footnote a of the Canadian Environmental Protection Act, 1999Footnote b, the Minister of the Environment published in the Canada Gazette, Part I, on April 17, 2010, a copy of the proposed Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the Regulations or to file 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 sections 160 and 162 of the Canadian Environmental Protection Act, 1999Footnote b, hereby makes the annexed Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations.

## Interpretation

Marginal note:Definitions

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

Act

Loi

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

advanced technology vehicle

véhicule à technologie de pointe

advanced technology vehicle means an electric vehicle, a plug-in hybrid electric vehicle or a fuel cell vehicle. (véhicule à technologie de pointe)

alcohol dual fuel vehicle

véhicule à alcool à double carburant

alcohol dual fuel vehicle means a vehicle that

• (a) is designed to operate either on

• (i) alcohol fuel or gasoline, or

• (ii) alcohol fuel or diesel fuel;

• (b) yields equal or greater energy efficiency, calculated in accordance with section 510(g)(1) of Title 40, chapter I, part 600, subpart F, of the CFR, while operating on alcohol fuel as it does while operating on gasoline or diesel fuel; and

• (c) meets or exceeds the minimum driving range set out in section 5(a) of Title 49, subtitle B, chapter V, part 538, of the CFR. (véhicule à alcool à double carburant)

alcohol fuel

alcool carburant

alcohol fuel means a fuel mixture containing 85% or more by volume of methanol, ethanol, or other alcohols. (alcool carburant)

approach angle

angle d’approche

approach angle means the smallest angle, in a plan side view of a vehicle, formed by the level surface on which the vehicle is standing and a line tangent to the front tire static loaded radius arc and touching the underside of the vehicle forward of the front tire. (angle d’approche)

automobile

automobile

automobile means any four-wheeled self-propelled vehicle that is designed for use on highways and that has a GVWR of less than 4 536 kg (10,000 pounds), except

• (a) a vehicle manufactured in different stages by two or more manufacturers, if no intermediate or final-stage manufacturer of that vehicle manufactures more than 10,000 multistage vehicles per year; and

• (b) a work truck. (automobile)

axle clearance

garde au sol sous les essieux

axle clearance means the vertical distance from the level surface on which a vehicle is standing to the lowest point on the axle differential of the vehicle. (garde au sol sous les essieux)

break-over angle

angle de rampe

break-over angle means the supplement of the largest angle, in the plan side view of a vehicle, that can be formed by two lines tangent to the front and rear static loaded radii arcs and intersecting at a point on the underside of the vehicle. (angle de rampe)

car line

ligne de voitures

car line means a group of vehicles of the same make and, if applicable, the same car division, that have a similar body or chassis. (ligne de voitures)

CFR

CFR

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

CO2

CO2

CO2 means carbon dioxide. (CO2)

curb weight

masse en état de marche

curb weight means the actual or manufacturer’s estimated weight of a vehicle in operational status with all standard equipment and weight of fuel at nominal tank capacity and the weight of optional equipment. (masse en état de marche)

departure angle

angle de sortie

departure angle means the smallest angle, in a plan side view of a vehicle, formed by the level surface on which the vehicle is standing and a line tangent to the rear tire static loaded radius arc and touching the underside of the vehicle rearward of the rear tire. (angle de sortie)

electric vehicle

véhicule électrique

electric vehicle means a vehicle that

• (a) conforms to the emission standards of bin 1 set out in a horizontal row in Table S04-1 in section 1811 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR;

• (b) is powered solely by an electric motor drawing current from a rechargeable energy storage system, provided that recharge energy can be drawn from a source that is not on-board the vehicle; and

• (c) does not have an on-board combustion engine-generator system as a means of providing electrical energy. (véhicule électrique)

emergency vehicle

véhicule d’urgence

emergency vehicle means a vehicle that is manufactured primarily for use as an ambulance or a police vehicle. (véhicule d’urgence)

EPA

EPA

EPA means the United States Environmental Protection Agency. (EPA)

EPA certificate

certificat de l’EPA

EPA certificate means a certificate of conformity to U.S. federal standards issued by the EPA. (certificat de l’EPA)

footprint

empreinte

footprint means the result of the product of the average width (measured in inches and rounded to the nearest tenth of an inch) of the lateral distance between the centrelines of the front and rear base tires at ground, multiplied by the longitudinal distance between the front and rear wheel centrelines (measured in inches and rounded to the nearest tenth of an inch), divided by 144 and rounded to the nearest tenth of a square foot. (empreinte)

fuel cell vehicle

véhicule à pile à combustible

fuel cell vehicle means an electric vehicle propelled solely by an electric motor, the energy for the motor being supplied by an electrochemical cell that produces electricity without fuel combustion. (véhicule à pile à combustible)

GVWR

PNBV

GVWR means the gross vehicle weight rating specified by a manufacturer as the maximum design loaded weight of a single vehicle. (PNBV)

hybrid electric vehicle

véhicule électrique hybride

hybrid electric vehicle means a vehicle that is powered by an electric motor drawing current from a rechargeable energy storage system from an on-board electric source and by an internal combustion engine or heat engine. (véhicule électrique hybride)

light truck

camion léger

light truck means an automobile

• (a) that has four-wheel drive or a GVWR of more than 2 722 kg (6,000 pounds) and that has at least four of the following characteristics calculated when the automobile is at curb weight, on a level surface, with the front wheels parallel to the automobile’s longitudinal centreline and the tires inflated to the manufacturer’s recommended pressure:

• (i) approach angle of not less than 28 degrees,

• (ii) break-over angle of not less than 14 degrees,

• (iii) departure angle of not less than 20 degrees,

• (iv) running clearance of not less than 20 centimetres,

• (v) front and rear axle clearances of not less than 18 centimetres; or

• (b) that is designed to perform at least one of the following functions:

• (i) transport more than 10 persons,

• (ii) provide temporary living quarters,

• (iii) transport property on an open bed,

• (iv) provide greater cargo-carrying than passenger-carrying volume, the cargo-carrying volume of a vehicle sold with a second-row seat being determined with that seat installed, regardless of whether or not the manufacturer has described that seat as optional,

• (v) permit expanded use of the automobile for cargo-carrying purposes through the removal or stowing of seats to create a flat surface extending from the forwardmost point of installation of those seats to the rear of the automobile’s interior, with automobiles of the 2012 and subsequent model years being equipped with at least three rows of designated seating positions as standard equipment. (camion léger)

model type

type de modèle

model type means passenger automobiles or light trucks that have the same combination of car line, transmission class and basic engine or basic electric motor. (type de modèle)

model year

année de modèle

model year means the year, as determined under section 4, that is used by a manufacturer to designate a model of vehicle. (année de modèle)

natural gas dual fuel vehicle

véhicule à gaz naturel à double carburant

natural gas dual fuel vehicle means a vehicle that

• (a) is designed to operate either on

• (i) natural gas or gasoline, or

• (ii) natural gas or diesel fuel;

• (b) yields equal or greater energy efficiency, calculated in accordance with section 510(g)(1) of Title 40, chapter I, part 600, subpart F, of the CFR, while operating on natural gas as it does while operating on gasoline or diesel fuel; and

• (c) meets or exceeds the minimum driving range set out in section 5(a) of Title 49, subtitle B, chapter V, part 538, of the CFR. (véhicule à gaz naturel à double carburant)

nominal tank capacity

capacité nominale du réservoir à carburant

nominal tank capacity means the volume of the fuel tank specified by the manufacturer to the nearest three eighths of a litre (one tenth of a U.S. gallon). (capacité nominale du réservoir à carburant)

passenger automobile

automobile à passagers

passenger automobile means any automobile, other than a light truck, that is designed for use in the transportation of not more than 10 persons. (automobile à passagers)

plug-in hybrid electric vehicle

véhicule électrique hybride rechargeable

plug-in hybrid electric vehicle means a hybrid electric vehicle that has the capability to recharge its energy storage system from an electric source that is not on board the vehicle. (véhicule électrique hybride rechargeable)

running clearance

jeu fonctionnel

running clearance means the vertical distance from the level surface on which a vehicle is standing to the lowest point on the vehicle, excluding any point on a component that forms part of the vehicle’s unsprung weight. (jeu fonctionnel)

static loaded radius arc

arc du rayon sous charge

static loaded radius arc means a portion of a circle whose centre is the centre of a standard tire-rim combination of a vehicle and whose radius is the distance from that centre to the level surface on which the vehicle is standing, measured with the vehicle at curb weight, the wheel parallel to the vehicle’s longitudinal centreline and the tire inflated to the manufacturer’s recommended pressure. (arc du rayon sous charge)

temporary living quarters

abri provisoire

temporary living quarters means a space in the interior of an automobile that includes sleeping surfaces and household conveniences and in which people may temporarily live. (abri provisoire)

transmission class

catégorie de transmissions

transmission class means a group of transmissions having the following common features:

• (a) basic transmission type;

• (b) number of forward gears used in the tests conducted for the purposes of subsection 18(3);

• (c) drive system;

• (d) type of overdrive, if applicable; and

• (e) torque converter type, if applicable. (catégorie de transmissions)

useful life

durée de vie utile

useful life means the period of time or use in respect of which an emission standard applies to a vehicle, as follows

• (a) in the case of a passenger automobile or light truck other than a “medium-duty passenger vehicle” as defined in subsection 1(1) of the On-Road Vehicle and Engine Emission Regulations — 10 years or 120,000 miles; whichever occurs first; or

• (b) in the case of a light truck that is a “medium-duty passenger vehicle” as defined in subsection 1(1) of the On-Road Vehicle and Engine Emission Regulations — 11 years or 120,000 miles; whichever occurs first. (durée de vie utile)

work truck

camion de travail

work truck means a vehicle that has a GVWR of more than 3 856 kg (8,500 pounds) and less than or equal to 4 536 kg (10,000 pounds) and does not include a medium-duty passenger vehicle as defined in subsection 1(1) of the On-Road Vehicle and Engine Emission Regulations. (camion de travail)

• Marginal note:Basic engine and basic electric motor

(2) For the purposes of the definition model type in subsection (1), passenger automobiles or light trucks have the same basic engine or basic electric motor, if

• (a) in the case of vehicles other than electric vehicles, their engines have the same

• (i) manufacturer,

• (ii) engine displacement,

• (iii) number of cylinders,

• (iv) fuel system, and

• (v) catalyst; or

• (b) in the case of electric vehicles, their electric motors have the same

• (i) manufacturer,

• (ii) electric traction motor,

• (iii) motor controller,

• (iv) battery configuration,

• (v) electrical charging system, and

• (vi) energy storage device.

• Marginal note:CFR

(3) Standards that are incorporated by reference in these Regulations from the CFR are those expressly set out in the CFR and must be read as excluding

• (a) references to the EPA or the Administrator of the EPA exercising discretion in any way;

• (b) references to the Secretary of Transportation exercising discretion in any way;

• (c) alternative standards related to fleet averages, other averages, emission credits, small volume manufacturers, or financial hardship; and

• (d) standards or evidence of conformity of any authority other than the EPA.

## Purpose

Marginal note:Purpose

The purpose of these Regulations is to reduce greenhouse gas emissions from passenger automobiles and light trucks by establishing emission standards and test procedures that are aligned with the federal requirements of the United States.

## Background

Marginal note:Background

These Regulations set out

• (a) prescribed classes of vehicles for the purposes of section 149 of the Act;

• (b) requirements respecting the conformity of passenger automobiles and light trucks with greenhouse gas emission standards for the purposes of section 153 of the Act;

• (c) requirements respecting the conformity of fleets of passenger automobiles and light trucks with greenhouse gas emission standards and other requirements for carrying out the purposes of Division 5 of Part 7 of the Act; and

• (d) a credit system for the purposes of section 162 of the Act.

## Model Year

Marginal note:Model year

•  (1) A year that is used by a manufacturer as a model year must

• (a) if the period of production of a model of vehicle 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 vehicle includes January 1 of a calendar year, correspond to that calendar year.

• Marginal note:Production period

(2) The period of production of a model of vehicle must include only one January 1.

## Prescribed Classes of Vehicles

Marginal note:Classes

•  (1) In these Regulations, subject to subsection (2), the following classes of vehicles are prescribed for the purposes of the definition vehicle in section 149 of the Act:

• (a) passenger automobiles; and

• (b) light trucks.

• Marginal note:Exclusion

(2) The prescribed classes of vehicles referred to in subsection (1) do not include any vehicle that is being exported and that is accompanied by written evidence establishing that it will not be sold or used in Canada.

• Marginal note:Transportation within Canada

(3) For the purposes of section 152 of the Act, the prescribed vehicles are the vehicles referred to in subsection (1) for which the main assembly is completed in Canada, except any vehicle that will be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing.

## National Emissions Mark

Marginal note:Application

•  (1) Any company that intends to apply the national emissions mark set out in Schedule 2 to the On-Road Vehicle and Engine Emission Regulations to a vehicle must apply to the Minister to obtain an authorization in accordance with subsection 7(2) of those Regulations.

• Marginal note:Exception

(2) Subsection (1) does not apply to any company that, since September 23, 2010 or an earlier date, has been authorized to apply the national emissions mark to a vehicle under the On-Road Vehicle and Engine Emission Regulations.

• SOR/2014-207, s. 2

Marginal note:National emissions mark

A company that applies a national emissions mark to a vehicle must comply with section 8 of the On-Road Vehicle and Engine Emission Regulations.

## Greenhouse Gas Emission Standards

### General

Definition of fleet

•  (1) In subsection 10(2) and sections 13 to 40, fleet refers to

• (a) all passenger automobiles or all light trucks of a specific model year that a company manufactures in Canada or imports into Canada for the purpose of sale of those vehicles to the first retail purchaser; or

• (b) if a company makes an election under section 24, all passenger automobiles or all light trucks of a specific model year that a company manufactures in Canada or imports into Canada for the purpose of sale of those vehicles to the first retail purchaser that have not been included in the temporary optional fleet created under section 24 for that model year.

• Marginal note:Exclusions

(2) Despite subsection (1), a company may, for the purposes of sections 13 to 40, elect to exclude from its fleets and its temporary optional fleets any of the following:

• (a) the passenger automobiles or light trucks that it manufactures and that will be used in Canada solely for the purposes of exhibition, demonstration, evaluation or testing, if it reports its election to exclude those vehicles in its end of model year report;

• (b) the passenger automobiles or light trucks that it imports into Canada solely for the purposes of exhibition, demonstration, evaluation or testing, if it makes a declaration in accordance with section 41 of the On-Road Vehicle and Engine Emission Regulations and reports its election to exclude those vehicles in its end of model year report.

• Marginal note:Fleets of the 2011 model year

(3) A company’s fleet of passenger automobiles or light trucks of the 2011 model year does not include vehicles that were manufactured before September 23, 2010, unless the company elects to include all of its passenger automobiles or light trucks of the 2011 model year in the fleet in question and reports that election in its end of model year report.

• Marginal note:Emergency vehicles

(4) Despite subsection (1), a company may, for the purposes of sections 10, 13 to 31 and 33 to 40, elect to exclude emergency vehicles from its fleets and its temporary optional fleets of passenger automobiles and light trucks of the model year corresponding to the year during which this subsection comes into force and any subsequent model year, if it reports that election in its end of model year report for that model year.

• SOR/2014-207, s. 3

### Emission Control Systems

Marginal note:On-Road Vehicle and Engine Emission Regulations

•  (1) An emission control system that is installed in a vehicle to enable it to conform to the standards set out in these Regulations must be in conformity with subsection 11(1) of the On-Road Vehicle and Engine Emission Regulations.

• Marginal note:Defeat device

(2) A vehicle must not be equipped with a defeat device.

• Marginal note:Test procedures

(3) Subsections 11(3) and (4) of the On-Road Vehicle and Engine Emission Regulations apply, except that the test procedures in question are the ones set out in section 11.

• Marginal note:Exception — ambulance or fire fighting vehicle

(4) Despite subsection (2), an ambulance or a fire fighting vehicle may be equipped with a defeat device if the device is one that is automatically activated during emergency response operations to maintain speed, torque or power in either of the following circumstances:

• (a) the emission control system is in an abnormal state; or

• (b) the device acts to maintain the emission control system in a normal state.

• SOR/2014-207, s. 4

### Standards for Passenger Automobiles and Light Trucks

Marginal note:Nitrous oxide and methane emission standards

•  (1) Subject to subsection (2) and section 12, passenger automobiles and light trucks of the 2012 model year or a subsequent model year must conform to the following exhaust emission standards for nitrous oxide (N2O) and methane (CH4) for the applicable model year:

• (a) the standards for nitrous oxide (N2O) and methane (CH4) set out in section 1818(f)(1) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR;

• (b) the standards for nitrous oxide (N2O) set out in section 1818(f)(1) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR and the alternative standards for methane (CH4) determined in accordance with section 1818(f)(3) of that subpart;

• (c) the alternative standards for nitrous oxide (N2O) determined in accordance with section 1818(f)(3) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR and the standards for methane (CH4) set out in section 1818(f)(1) of that subpart; or

• (d) the alternative standards for nitrous oxide (N2O) and methane (CH4) determined in accordance with section 1818(f)(3) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR.

• Marginal note:Fleet emission calculation

(2) Instead of complying with subsection (1), a company may elect to include the exhaust emissions of nitrous oxide (N2O) and methane (CH4) of its passenger automobiles and light trucks of a model year when calculating their carbon-related exhaust emission value as set out in subsection 18(3) in respect of each of its fleets of that model year.

• Marginal note:Election applicable to all models

(3) A company that makes an election under subsection (2) must ensure that it applies to all models of passenger automobiles and light trucks that it manufactures or imports.

• SOR/2014-207, s. 5

Marginal note:Interpretation of standards

The standards referred to in section 10 are the certification and in-use standards for the applicable useful life, taking into account the test procedures, fuels and calculation methods set out for those standards in subpart B of Title 40, chapter I, subchapter C, part 86 of the CFR and in subpart B of Title 40, chapter I, subchapter Q, part 600, of the CFR.

• SOR/2014-207, s. 6

Marginal note:EPA certificate

•  (1) Every vehicle of a specific model year that is covered by an EPA certificate and that is sold concurrently in Canada and the United States must conform to, instead of the standards set out in sections 9 and 10, the certification and in-use standards referred to in the EPA certificate.

• Marginal note:Subsection 153(3) of the Act

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

• Marginal note:EPA

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

### Fleet Averaging Requirements

#### General

Marginal note:Requirements respecting CO2 equivalent emissions

Subject to sections 14, 20 and 21, a company must ensure that the fleet average CO2 equivalent emission value for each fleet of its passenger automobiles and fleet of its light trucks of the 2011 and subsequent model years does not exceed the applicable fleet average CO2 equivalent emission standard for the model year in question.

Marginal note:Non application of the standards respecting CO2 equivalent emissions

•  (1) A company that manufactured or imported in total less than 750 passenger automobiles and light trucks for either the 2008 or 2009 model years for sale in Canada is not subject to sections 13 and 17 to 20 for vehicles of the 2012 model year or vehicles of a subsequent model year provided that

• (a) its average number of passenger automobiles and light trucks manufactured or imported for sale in Canada for the three most recent consecutive model years preceding the model year in question is less than 750; and

• (b) the company submits a declaration as set out in section 35.

• Marginal note:Conditions

(2) If a company’s average number of passenger automobiles and light trucks for the three most recent consecutive model years, that are manufactured or imported for sale in Canada, are equal to or more than 750 — other than by reason of the company purchasing another company —, the company becomes subject to sections 13, 17 to 20, and sections 32 to 33, for its passenger automobiles and light trucks of the following model year:

• (a) if that average number is less than 7,500, that of the second model year after the last model year used to establish the average number; or

• (b) if that average number is equal to or greater than 7,500, that of the model year after the last model year used to establish the average number.

Marginal note:Rounding

If any of the calculations in these Regulations, except for those in paragraphs 17(4)(b) and (5)(b), results in a number that is not a whole number, the number must be rounded to the nearest whole number in accordance with section 6 of the American Society for Testing and Materials method ASTM E 29-93a, entitled Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications.

#### Fleet Average CO2 Equivalent Emission Standards

Marginal note:Calculation of fleet average CO2 equivalent emission standard for the 2011 model year

•  (1) A company must calculate the fleet average CO2 equivalent emission standard, expressed in grams of CO2 equivalent per mile, in respect of its fleet of passenger automobiles and its fleet of light trucks of the 2011 model year, by dividing 8,887 by the following:

• (a) in the case of passenger automobiles, the manufacturer specific passenger automobile fuel economy level for the 2011 model year determined in accordance with section 5(b) of Title 49, subtitle B, chapter V, part 531, of the CFR, applicable to that model year; and

• (b) in the case of light trucks, the manufacturer specific light truck fuel economy level for the 2011 model year determined in accordance with section 5(a) of Title 49, subtitle B, chapter V, part 533, of the CFR, applicable to that model year.

• Marginal note:Modification

(2) For the purposes of subsection (1), the equation in Figure 1 set out in section 5 of parts 531 and 533 of Title 49, subtitle B, chapter V, of the CFR, is modified as follows:

• (a) “N” is the total number of passenger automobiles or light trucks in the fleet;

• (b) “Ni” is the number of passenger automobiles or light trucks in each group “i” in the fleet; and

• (c) “i” is a group of passenger automobiles or light trucks of the same model type and that have the same footprint.

Marginal note:Group

•  (1) For the purposes of this section, passenger automobiles or light trucks of the same model type and that have the same footprint constitute a group.

• Marginal note:Rounding

(2) The CO2 emission target values calculated in accordance with paragraphs (4)(b) and (5)(b) must be rounded to the nearest 0.1 gram per mile.

• Marginal note:Calculation of fleet average CO2 equivalent emission standard for 2012 and subsequent model years

(3) Subject to section 24, a company must calculate the fleet average CO2 equivalent emission standard in respect of each fleet of its passenger automobiles and fleet of its light trucks of the 2012 and subsequent model years in accordance with the following formula:

(Σ (A × B)) ÷ C

where

A
is the CO2 emission target value for each group of passenger automobiles or light trucks, determined in accordance with subsection (4) or (5), as the case may be, and expressed in grams of CO2 per mile;
B
is the number of passenger automobiles or light trucks in the group in question; and
C
is the total number of passenger automobiles or light trucks in the fleet.
• Marginal note:Targets — fleet of passenger automobiles

(4) The CO2 emission target value applicable to a group of passenger automobiles of a given model year corresponds to the following:

• (a) in the case of each group with a footprint that is less than or equal to 3.8 m2 (41 square feet), the CO2 emission target value is as set out in the following table for the model year in question:

• (b) in the case of each group with a footprint that is greater than 3.8 m2 (41 square feet) and less than or equal to 5.2 m2 (56 square feet), the CO2 emission target value is to be calculated using the following formula:

(4.72 × f) + b

where

f
is the footprint of the group, expressed in square feet, and
b
is the value set out in the following table for the model year in question:
• (c) in the case of each group with a footprint that is greater than 5.2 m2 (56 square feet), the CO2 emission target value is as set out in the following table for the model year in question:

• Marginal note:Targets — fleet of light trucks

(5) The CO2 emission target value applicable to a group of light trucks of a given model year corresponds to the following:

• (a) in the case of each group with a footprint that is less than or equal to 3.8 m2 (41 square feet), the CO2 emission target value is as set out in the following table for the model year in question:

• (b) in the case of each group with a footprint that is greater than 3.8 m2 (41 square feet) and less than or equal to 6.1 m2 (66 square feet), the CO2 emission target value is to be calculated using the following formula:

(4.04 × f) + b

where

f
is the footprint of the group, expressed in square feet, and
b
is the value set out in the following table for the model year in question:
• (c) in the case of each group with a footprint that is greater than 6.1 m2 (66 square feet), the CO2 emission target value is as set out in the following table for the model year in question:

#### Calculation of Fleet Average CO2 Equivalent Emission Values

Marginal note:Fleet average CO2 equivalent emission value

•  (1) A company must calculate the fleet average CO2 equivalent emission value for each fleet of its passenger automobiles and fleet of its light trucks of the 2011 and subsequent model years in accordance with the following formula:

D – E – F – G

where

D
is the fleet average carbon-related exhaust emission value for each fleet determined in accordance with subsections (2) or (3), subject to subsections (5) and (6);
E
is the allowance for reduction of air conditioning refrigerant leakage determined in accordance with subsection (7);
F
is the allowance for improving air conditioning system efficiency determined in accordance with subsection (8); and
G
is the allowance for the use of innovative technologies that have a measurable CO2 emission reduction, determined in accordance with subsection (9).
• Marginal note:Fleet average CO2 equivalent emission value for the 2011 model year

(2) The fleet average carbon-related exhaust emission value for the 2011 model year, expressed in grams of CO2 equivalent per mile, is calculated by dividing 8,887 by the company’s fleet average fuel economy for that model year determined in accordance with the following formula:

(Σ (A × B)) ÷ C

where

A
is the fuel economy level for each model type, expressed in miles per gallon, determined in accordance with the following provisions, taking into account subsection 19(2):
• (a) in the case of advanced technology vehicles, the provisions of section 208 of Title 40, chapter I, part 600, subpart C, of the CFR, for the model year in question, and

• (b) in all other cases, the provisions of section 510(c)(2) of Title 40, chapter I, part 600, subpart F, of the CFR, for the model year in question;

B
is the number of vehicles of the model type in question in the fleet; and
C
is the total number of vehicles in the fleet.
• Marginal note:Fleet average carbon-related exhaust emission value for 2012 and subsequent model years

(3) Subject to subsection (11), the fleet average carbon-related exhaust emission value for each of the 2012 and subsequent model years and for the application of section 29 for fleets of the 2008 to 2010 model years is calculated using the following formula:

(Σ (A × B)) ÷ C

where

A
is the following carbon-related exhaust emission value for each model type, and includes, if applicable, the exhaust emission for nitrous oxide (N2O) and methane (CH4):
• (a) in the case of electric vehicles and fuel cell vehicles, 0 gram of CO2 equivalent per mile,

• (b) in the case of plug-in hybrid electric vehicles, the value determined in accordance with the provisions of section 208 of Title 40, chapter I, part 600, subpart C, of the CFR, for the model year in question, taking into account subsection 19(2), and expressed in grams of CO2 equivalent per mile, and

• (c) in all other cases, the value determined in accordance with the provisions of section 510(j)(2) of Title 40, chapter I, part 600, subpart F, of the CFR, for the model year in question, taking into account subsection 19(2), and expressed in grams of CO2 equivalent per mile;

B
is the number of vehicles of the model type in question in the fleet; and
C
is the total number of vehicles in the fleet.
• Marginal note:Advanced Technology

(4) When calculating the fleet average carbon-related exhaust emission value in accordance with the provisions of subsections (2) and (3) for the 2011 to 2016 model years, a company may, for the purposes of amounts B and C in subsections (2) and (3), elect to multiply the number of advanced technology vehicles in its fleet by 1.2, if the company reports this election and indicates the number of credits obtained as a result of this election in its end of model year report.

• Marginal note:Maximum decrease for dual fuel vehicles

(5) For the purposes of subsections (2) and (3) for fleets of the model years 2011 to 2015 and for the application of section 29, for fleets of the 2008 to 2010 model years, if the fleet contains alcohol dual fuel vehicles or natural gas dual fuel vehicles, the fleet average carbon-related exhaust emission value is the greater of

• (a) the fleet average carbon-related exhaust emission value calculated in accordance with subsections (2) or (3), and

• (b) the fleet average carbon-related exhaust emission value calculated in accordance with subsections (2) or (3) but assuming that all alcohol dual fuel vehicles and natural gas dual fuel vehicles operate exclusively on gasoline or diesel fuel, minus the applicable limit set out in section 510(i) of Title 40, chapter I, part 600, subpart F, of the CFR.

• Marginal note:Alternative value

(6) For the purposes of sections 510(j)(2)(vi) and (vii) of Title 40, chapter I, part 600, subpart F, of the CFR, a company may use an alternative value for the weighting factor “F” if the company provides the Minister with evidence demonstrating that the alternative value of “F” is more representative of the company’s fleet.

• Marginal note:Allowance for reduction of air conditioning refrigerant leakage

(7) A company may elect to calculate an allowance for the use, in its fleet of passenger automobiles or light trucks, of air conditioning systems that incorporate technologies designed to reduce air conditioning refrigerant leakage, using the following formula:

(Σ (A × B)) ÷ C

where

A
is the CO2 equivalent leakage reduction for each of the air conditioning systems in the fleet that incorporates those technologies, determined in accordance with the provisions of sections 166 and 1866(b) of Title 40, chapter I, subchapter C, Part 86, of the CFR and expressed in grams of CO2 equivalent per mile;
B
is the total number of vehicles in the fleet equipped with the air conditioning system; and
C
is the total number of vehicles in the fleet.
• Marginal note:Allowance for improving air conditioning system efficiency

(8) A company may elect to calculate an allowance for the use, in its fleet of passenger automobiles or light trucks, of air conditioning systems that incorporate technologies designed to reduce air-conditioning-related CO2 emissions by improving the air conditioning system efficiency of those fleets, using the following formula:

(Σ (A × B)) ÷ C

where

A
is the air conditioning efficiency allowance for each of the air conditioning systems in the fleet that incorporate those technologies, determined in accordance with the provisions relating to credits in sections 165 and 1866(c) of Title 40, chapter I, subchapter C, Part 86, of the CFR and expressed in grams of CO2 per mile;
B
is the total number of vehicles in the fleet equipped with the air conditioning system; and
C
is the total number of vehicles in the fleet.
• Marginal note:Allowance for innovative technologies

(9) A company may elect to calculate an allowance for the use, in its fleet of passenger automobiles or light trucks, of innovative technologies that have a measurable CO2 emission reduction, using the following formula, if the CO2 reduction cannot be captured by the test procedures used to determine the carbon-related exhaust emissions for those technologies:

(Σ (A × B)) ÷ C

where

A
is the allowance for each innovative technology used in the fleet, determined in accordance with the provisions for the 5-cycle methodology set out in section 1866(d)(2)(i) of Title 40, chapter I, subchapter C, Part 86, of the CFR and expressed in grams of CO2 per mile;
B
is the total number of vehicles in the fleet equipped with the innovative technology; and
C
is the total number of vehicles in the fleet.
• Marginal note:Alternative procedure

(10) If the 5-cycle methodology referred to in subsection (9) cannot adequately measure the emission reduction attributable to an innovative technology, a company may calculate the allowance in question using an alternative procedure if

• (a) the alternative procedure has been approved by the EPA for that technology, under section 1866(d)(2)(ii) of Title 40, chapter I, subchapter C, Part 86, of the CFR; and

• (b) the Minister is provided with evidence of the EPA approval in the end of model year report.

• Marginal note:Limits

(11) For the application of subsection (3), the company must replace the carbon-related exhaust emission value, referred to in the description of A, by the value of 120 grams of CO2 equivalent per mile for all its advanced technology vehicles in its fleets that are in surplus of the following applicable number:

• (a) in the case of a company that manufactured or imported less than 3,750 advanced technology vehicles for the 2012 model year for sale in Canada, and has already included 30,000 advanced technology vehicles in its fleets of the 2011 to 2016 model years, or in its fleets of the 2008 to 2016 model years in the case where the company obtained early action credits in respect of its fleets of the 2008 to 2010 model years, 30,000; and

• (b) in the case of a company that manufactured or imported 3,750 or more advanced technology vehicles for the 2012 model year for sale in Canada, and has already included 45,000 advanced technology vehicles included in its fleets of the 2011 to 2016 model years, or in its fleets of the 2008 to 2016 model years in the case where the company obtained early action credits in respect of its fleets of the 2008 to 2010 model years, 45,000.

Marginal note:Interpretation of standards

•  (1) The carbon related exhaust emission value and the fuel economy level that are calculated using the formulas set out in section 18 include the test methods, fuels and the calculation methods set out for those standards in subpart B of Title 40, chapter I, subchapter C, part 86, of the CFR.

• Marginal note:Representative data

(2) When a company calculates the fleet average carbon-related exhaust emission value under section 18, the data and values used in the calculation of that value must represent at least 90 % of the company’s total number of vehicles in its fleet with respect to the configuration.

#### CO2 Equivalent Emission Credit System

Marginal note:CO2 equivalent emission credits

•  (1) For the purposes of subparagraph 162(1)(b)(i) of the Act, a company obtains CO2 equivalent emission credits if the fleet average CO2 equivalent emission value in respect of a fleet of passenger automobiles or a fleet of light trucks of a specific model year is lower than the fleet average CO2 equivalent emission standard for that fleet and model year and the company reports the credits in its end of model year report.

• Marginal note:Deficits

(2) A company incurs deficits if the fleet average CO2 equivalent emission value in respect of a fleet of passenger automobiles or a fleet of light trucks of a specific model year is higher than the fleet average CO2 equivalent emission standard for that fleet and model year.

• Marginal note:Calculation

(3) Subject to subsections (3.1) and (3.2), a company must calculate the credits or deficits for each of its fleets using the following equation:

ECD = ((A – B) × C × D) ÷ 1,000,000

where

ECD
is the number of credits, if the result is positive, or the number of deficits, if the result is negative, expressed in megagrams of CO2 equivalent;
A
is the fleet average CO2 equivalent emission standard calculated in accordance with section 16 or 17, as the case may be, expressed in grams per mile;
B
is the fleet average CO2 equivalent emission value calculated in accordance with section 18, expressed in grams per mile;
C
is the total number of passenger automobiles or light trucks in the fleet; and
D
is the assumed total mileage of the vehicles in question, namely,
• (a) 195,264 miles for a fleet of passenger automobiles, or

• (b) 225,865 miles for a fleet of light trucks.

• Marginal note:Alternative standard — nitrous oxide

(3.1) For each test group in respect of which a company uses, for any given model year, an alternative standard for nitrous oxide (N2O) under subsection 10(1), the company must use the following formula, expressing the result in megagrams of CO2 equivalent, and add the sum of the results for each test group to the number of credits or deficits calculated in accordance with subsection (3) for the fleet to which the test group belongs:

(298 × A × (B – C) × D) ÷ 1,000,000

where

A
is the total number of passenger automobiles or light trucks in the test group;
B
is the exhaust emission standard for nitrous oxide (N2O) set out in section 1818(f)(1) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, for the applicable model year, expressed in grams per mile;
C
is the alternative exhaust emission standard for nitrous oxide (N2O) to which the company has elected to certify the test group, expressed in grams per mile; and
D
is the assumed total mileage of the vehicles in question, namely,
• (a) 195,264 miles for a fleet of passenger automobiles, or

• (b) 225,865 miles for a fleet of light trucks.

• Marginal note:Alternative standard — methane

(3.2) For each test group in respect of which a company uses, for any given model year, an alternative standard for methane (CH4) under subsection 10(1), the company must use the following formula, expressing the result in megagrams of CO2 equivalent, and add the sum of the results for each test group to the number of credits or deficits calculated in accordance with subsection (3) for the fleet to which the test group belongs:

(25 × A × (B – C) × D) ÷ 1,000,000

where

A
is the total number of passenger automobiles or light trucks in the test group;
B
is the exhaust emission standard for methane (CH4) set out in section 1818(f)(1) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, for the applicable model year, expressed in grams per mile;
C
is the alternative exhaust emission standard for methane (CH4) to which the company has elected to certify the test group, expressed in grams per mile; and
D
is the assumed total mileage of the vehicles in question, namely,
• (a) 195,264 miles for a fleet of passenger automobiles, or

• (b) 225,865 miles for a fleet of light trucks.

• Marginal note:Date of credit or deficit

(4) A company obtains credits and incurs deficits for a specific fleet on the day on which the company submits the end of model year report for the model year in question.

• Marginal note:Validity — time limit

(5) Credits obtained for a fleet of passenger automobiles or light trucks of a specific model year can be used in respect of any fleet of passenger automobiles or light trucks of five model years after the model year in respect of which the credits were obtained, after which the credits are no longer valid.

• SOR/2014-207, s. 12

#### Offsetting Deficits and Use of Credits

Marginal note:Deficits

•  (1) Subject to subsection (5), a company must use credits obtained for a fleet of passenger automobiles or light trucks of a specific model year to offset any outstanding deficits incurred for any of its fleets.

• Marginal note:Remaining credits

(2) A company may bank any remaining credits to offset a future deficit or may transfer the remaining credits to another company, except during the 2012 to 2015 and if applicable, 2016 model years if the company elects to create a temporary optional fleet under section 24.

• Marginal note:Offset

(3) Subject to subsection (4), a company may offset a deficit with an equivalent number of credits obtained in accordance with section 20 or with an equivalent number of credits transferred from another company.

• Marginal note:Adjustment

(4) The number of credits obtained in respect of fleets of the 2011 model year that contain alcohol dual fuel vehicles or natural gas dual fuel vehicles and that are available to offset a deficit incurred in respect of a fleet of passenger automobiles or light trucks of the 2012 or subsequent model years must be adjusted with the assumption that all alcohol dual fuel vehicles and natural gas dual fuel vehicles operate only on gasoline or diesel fuel.

• Marginal note:Offset — time limit

(5) A company must offset a deficit incurred in respect of a model year no later than the day on which the company submits the end of model year report for vehicles of the third model year after the model year for which the company incurred the deficit.

Marginal note:Limit on use of 2011 model year credits

•  (1) Despite subsection 21(3), the total number of credits obtained in respect of fleets of the 2011 model year that a company may use to offset a deficit incurred in respect of a fleet of passenger automobiles or light trucks of a given model year or a temporary optional fleet of passenger automobiles or light trucks of a given model year must not exceed the maximum number calculated using the following formula:

$\frac{{\mathrm{\left(A – B}}_{\mathrm{harmonic}}\mathrm{\right) × C × D}}{\mathrm{1,000,000}}– X$

where

A
is the fleet average CO2 equivalent emission standard calculated in accordance with section 16 for the 2011 model year expressed in grams of CO2 equivalent per mile;
Bharmonic
is the fleet average CO2 equivalent emission value calculated in accordance with section 18, expressed in grams of CO2 equivalent per mile, except that the value of D is calculated as follows:

where

BNo ATV
is the number of vehicles of the model type in question in the fleet, excluding advanced technology vehicles,
ANo ATV
is the fuel economy level for each model type, excluding advanced technology vehicles, expressed in miles per gallon, determined for the 2011 model year in accordance with section 510(c)(2) of Title 40, chapter I, part 600, subpart F, of the CFR, taking into account subsection 19(2),
AATV
is the carbon-related exhaust emission value for each model type of advanced technology vehicles, expressed in grams of CO2 equivalent per mile, determined for the 2011 model year in accordance with section 208 of Title 40, chapter I, part 600, subpart C, of the CFR, taking into account subsection 19(2),
BATV
is the number of advanced technology vehicles of the model type in question in the fleet, and
C
is the total number of passenger automobiles or light trucks in the fleet;
C
is the total number of passenger automobiles or light trucks in the fleet;
D
is the assumed total mileage of the vehicles in question, namely,
• (a) 195,264 miles for a fleet of passenger automobiles, or

• (b) 225,865 miles for a fleet of light trucks; and

X
is the number of credits obtained in respect of fleets of the 2011 model year that have been used by a company to offset a deficit incurred in respect of a fleet of passenger automobiles or light trucks or a temporary optional fleet of passenger automobiles or light trucks of the 2012 model year, expressed in megagrams of CO2 equivalent.
• Marginal note:Advanced technology

(2) For the purposes of description of BATV in subsection (1), a company may elect to multiply the number of advanced technology vehicles by 1.2, if the company made that election for the 2011 model year and reported that election in its end of model year report for the 2011 model year.

• Marginal note:Representative data

(3) When a company determines the value corresponding to the description of ANoATV and AATV in subsection (1), the data and values used in the calculation must represent at least 90% of the vehicles in question in the company’s fleet with respect to the configuration.

• Marginal note:Number of vehicles in fleet

(4) For the purposes of subsection (1), the company must include in its fleet of passenger automobiles or light trucks the same number of vehicles that it included in its fleets for the purposes of its end of model year report for the 2011 model year.

• Marginal note:Negative result

(5) For greater certainty, if the result of the calculation set out in subsection (1) in respect of fleets of the 2011 model year is negative, then the total number of credits that a company may use to offset a deficit is zero.

• SOR/2014-207, s. 14

Marginal note:Purchased or merged companies

•  (1) A company that purchases another company or that results from the merger of companies is responsible for offsetting any outstanding deficits of the purchased or merged companies.

• Marginal note:Ceasing activities

(2) If a company ceases to manufacture, import or sell passenger automobiles or light trucks, it must, before submitting its last end of model year report, offset all outstanding deficits for its fleets.

#### Obtention of Credits upon Payment to the Receiver General

Marginal note:Receiver General — 2011 model year

•  (1) Upon payment to the Receiver General, a company may obtain the necessary number of credits to offset a deficit incurred for the 2011 model year at a rate of \$20 per megagram of CO2 equivalent.

• Marginal note:Payment date to Receiver General

(2) To obtain the credits under subsection (1), a company must make the payment no later than the day preceding the earlier of:

• (a) the date of submission of the end of model year report for model year 2014; and

• (b) May 1, 2015.

• Marginal note:Restriction

(3) The credits obtained by a company under subsection (1) can only be used to offset a deficit incurred for the 2011 model year and cannot be transferred to another company.

### Temporary Optional Fleets

Marginal note:Optional fleet

•  (1) Subject to sections 27 and 28, a company may elect not to include for a given year a certain number of vehicles of its fleets in the calculation of the fleet average CO2 equivalent emission standard set out in section 17 and to create temporary optional fleets of passenger automobiles or light trucks if the following conditions are met:

• (a) if the company manufactured or imported in total 750 or more, but less than 7,500, passenger automobiles and light trucks of the 2009 model year for sale in Canada, the combined total number of passenger automobiles and light trucks included in the temporary optional fleets must not exceed 30,000 of the model years 2012 to 2015 and 7,500 of the 2016 model year;

• (b) if the company manufactured or imported in total 7,500 or more, but less than 60,000, passenger automobiles and light trucks of the 2009 model year for sale in Canada, the combined total number of passenger automobiles and light trucks included in the temporary optional fleets must not exceed 15,000 of the model years 2012 to 2015;

• (c) subject to sections 25 and 26, the fleet average CO2 equivalent emission value for a company’s temporary optional fleet of passenger automobiles and temporary optional fleet of light trucks of a given model year must not exceed the optional fleet average CO2 equivalent emission standards for that model year, calculated in accordance with subsection (2); and

• (d) the company must have manufactured or imported at least one passenger automobile or light truck of the 2009 model year for sale in Canada.

• Marginal note:Optional fleet average standards

(2) A company that creates a temporary optional fleet must calculate the optional fleet average CO2 equivalent emission standard in accordance with the following formula for each model year:

(Σ (A × B)) ÷ C × 1.25

where

A
is the CO2 equivalent emission target value for each group of passenger automobiles or light trucks included in the temporary optional fleet, determined in accordance with
• (a) subsection 17(4) for the groups of passenger automobiles, or

• (b) subsection 17(5) for the groups of light trucks;

B
is the number of passenger automobiles or light trucks in the group in question; and
C
is the total number of passenger automobiles or light trucks in the temporary optional fleet.
• Marginal note:Optional fleet average values

(3) A company that creates a temporary optional fleet must determine, for each model year, the optional fleet average CO2 equivalent emission value using the formula set out in section 18.

Marginal note:Application of section 20

•  (1) A company that creates a temporary optional fleet of passenger automobiles or light trucks obtains credits or incurs deficits in respect of its temporary optional fleet in accordance with subsection 20(1) or (2), as the case may be.

• Marginal note:Calculation

(2) The company must calculate the credits or deficits for each of its temporary optional fleets using the equation set out in subsection 20(3).

• Marginal note:Application of subsection 20(4)

(3) Subsection 20(4) applies to credits obtained or deficits incurred in accordance with this section.

• Marginal note:Validity — time limit

(4) Credits obtained for a temporary optional fleet of passenger automobiles or light trucks of a given model year can only be used to offset a deficit incurred in respect of temporary optional fleets of passenger automobiles or light trucks of the following model years, after which the credits are no longer valid:

• (a) 2012 to 2016, for a company set out in paragraph 24(1)(a); or

• (b) 2012 to 2015, for a company set out in paragraph 24(1)(b).

Marginal note:Offsetting — application of sections 21 and 22

•  (1) Subsections 21(1) and (5) and section 22 apply to credits obtained and deficits incurred for a temporary optional fleet.

• Marginal note:Limit on use of credits

(2) A company must not use credits obtained for a temporary optional fleet to offset a deficit incurred for a fleet to which the fleet average CO2 equivalent emission standard set out in section 17 applies.

• Marginal note:Future deficit

(3) A company may bank any remaining credits obtained for a model year for a temporary optional fleet to offset a future deficit incurred for another temporary optional fleet.

• Marginal note:Use of credits

(4) A company must use any remaining credits obtained for a fleet of passenger automobiles or light trucks to which the fleet average CO2 equivalent emission standard set out in section 17 applies to offset a deficit incurred for a temporary optional fleet.

Marginal note:Merger

•  (1) If a company merges with one or more companies after the day on which these Regulations come into force, the company that results from the merger may make an election under section 24 and report that election in its first end of model year report if the following conditions are met:

• (a) the total number of passenger automobiles and light trucks of the 2009 model year set out in section 24 is equal to the total number of passenger automobiles and light trucks manufactured or imported for sale in Canada by the merged companies for the 2009 model year; and

• (b) the conditions set out in subsection 24(1) are met taking into account the adjustments set out in subsection (2).

• Marginal note:Adjustments

(2) If the total calculated in accordance with subsection (1) is, as the case may be,

• (a) equal to or greater than 750, but less than 7,500 for the 2009 model year, the combined total number of passenger automobiles and light trucks included in the temporary optional fleets by the merged companies, for the model years preceding the merger, must be subtracted from the applicable quantitative limits set out in paragraph 24(1)(a); or

• (b) equal to or greater than 7,500, but less than 60,000 for the 2009 model year, the combined total number of passenger automobiles and light trucks included in the temporary optional fleets by the merged companies, for the model years preceding the merger, must be subtracted from the applicable quantitative limits set out in paragraph 24(1)(b).

Marginal note:Purchase

•  (1) If a company purchases one or more companies after the day on which these Regulations come into force, it must

• (a) in the case where the company had made an election under section 24 before the purchase, recalculate its total number of passenger automobiles and light trucks manufactured or imported for sale in Canada for the 2009 model year to include that total for each of those purchased companies and report it in its first end of model year report after the purchase year; or

• (b) in the case where the company makes an election under section 24 after the purchase, calculate the total number of passenger automobiles and light trucks manufactured or imported for sale in Canada for the 2009 model year to include that total for each of those purchased companies.

• Marginal note:Adjustments

(2) The company that purchases one or more companies and that is still eligible under section 24 must adjust, for the purposes of paragraph 24(1)(a) or (b) in accordance with the calculation set out in subsection (1), the combined total number of passenger automobiles and light trucks included as of that day in the temporary optional fleet by adding to it the combined total number of passenger automobiles and light trucks that have been included in the temporary optional fleets of the companies that it purchased.

### Early Action Credits

Marginal note:Early action credits — 2008, 2009 and 2010 model years

•  (1) A company may obtain early action credits in respect of its fleets of passenger automobiles and light trucks of the 2008, 2009 and 2010 model years if the total number of credits calculated in respect of those fleets of the 2008, 2009 and 2010 model years is greater than the total number of deficits incurred for those model years and the company reports the credits in its 2011 model year report.

• Marginal note:Date of early action credits

(2) The early action credits are obtained by a company on the day on which the report referred to in subsection (1) is submitted.

• Marginal note:Calculation

(3) Early action credits obtained or deficits incurred in respect of the company’s fleets of passenger automobiles and light trucks of the 2008, 2009 and 2010 model years must be calculated in accordance with subsection 20(3), except that the fleet average CO2 equivalent emission standard for the 2008, 2009 and 2010 model years, as determined for A, is the following:

• (a) in the case of fleets of passenger automobiles, 323 grams/mile; and

• (b) in the case of fleets of light trucks, either the quotient of 8,887 divided by the light truck fuel economy level for the applicable model year determined in accordance with section 5 of Title 49, subtitle B, chapter V, part 533, of the CFR, applicable to that model year, or

• (i) 395 grams/mile for the 2008 model year,

• (ii) 381 grams/mile for the 2009 model year, and

• (iii) 376 grams/mile for the 2010 model year.

• Marginal note:Modification

(4) For the purposes of paragraph (3)(b), the equation in Figure 1 set out in section 5 of Title 49, subtitle B, chapter V, part 533, of the CFR is modified as follows:

• (a) “N” is the total number of passenger automobiles or light trucks in the fleet;

• (b) “Ni” is the number of passenger automobiles or light trucks in each group “i” in the fleet; and

• (c) “i” is a group of passenger automobiles or light trucks of the same model type and that have the same footprint.

• Marginal note:2008 model year — limitation

(5) Early action credits obtained for a fleet of passenger automobiles or light trucks of the 2008 model year can only be used to offset a deficit incurred in respect of a fleet of passenger automobiles or light trucks of the 2011 model year, after which the credits are no longer valid.

• Marginal note:Validity — time limit

(6) Early action credits obtained for a fleet of passenger automobiles or light trucks of the 2009 or 2010 model year can be used as of the 2011 model year, but only in respect of any fleet of passenger automobiles or light trucks of five model years after the model year in respect of which the credits were obtained, after which the credits are no longer valid.

• Marginal note:Use of early action credits

(7) Subject to subsection (8) and paragraph 30(3)(b), the rules set out in sections 21 and 22 with respect to credits also apply to early action credits.

• Marginal note:Adjustment

(8) If the early action credits are obtained in respect of fleets of the 2009 and 2010 model years that contain alcohol dual fuel vehicles or natural gas dual fuel vehicles, the number of early action credits that are available to offset a deficit incurred in respect of a fleet of passenger automobiles or light trucks of the 2012 or subsequent model years must be adjusted with the assumption that all alcohol dual fuel vehicles and natural gas dual fuel vehicles operate only on gasoline or diesel fuel.

Marginal note:Definitions

•  (1) For the purposes of this section

• (a) heavy light-duty truck, light-duty vehicle, light light-duty truck and medium-duty passenger vehicle have the same meaning as in subsection 1(1) of the On-Road Vehicle and Engine Emission Regulations; and

• (b) loaded vehicle weight means the curb weight of a vehicle plus 136.1 kg (300 pounds).

• Marginal note:Alternative fleet combination for early action credits

(2) Instead of obtaining early action credits in respect of its fleets of passenger automobiles and light trucks of the 2008, 2009 and 2010 model years, a company may obtain early action credits in respect of its combined fleet of light-duty vehicles and light light-duty trucks that have a loaded vehicle weight of 1 701 kg (3,750 pounds) or less or its combined fleet of light light-duty trucks that have a loaded vehicle weight of more than 1 701 kg (3,750 pounds), heavy light-duty trucks and medium-duty passenger vehicles of the same model years.

• Marginal note:Fleet average CO2 equivalent emission standard

(3) Section 29 applies to the combined fleets referred to in subsection (2), except that

• (a) the fleet average CO2 equivalent emission standard provided for in subsection 29(3) is the following:

• (i) in the case of the 2008 and 2009 model years, the fleets of light-duty vehicles and light light-duty trucks that have a loaded vehicle weight of 1 701 kg (3,750 pounds) or less, 323 grams/mile,

• (ii) in the case of the 2008 and 2009 model years, the fleets of light light-duty trucks that have a loaded vehicle weight of more than 1 701 kg (3,750 pounds), heavy light-duty trucks and medium-duty passenger vehicles, 439 grams/mile,

• (iii) in the case of the 2010 model year, the fleets of light-duty vehicles and light light-duty trucks that have a loaded vehicle weight of 1 701 kg (3,750 pounds) or less, 301 grams/mile, and

• (iv) in the case of the 2010 model year, the fleets of light light-duty trucks that have a loaded vehicle weight of more than 1 701 kg (3,750 pounds), heavy light-duty trucks and medium-duty passenger vehicles, 420 grams/mile; and

• (b) a company that obtains early action credits in respect of its combined fleet of the 2009 model year cannot transfer them to another company.

## Reports

Marginal note:2011 model year report

•  (1) A company must submit to the Minister a report for the end of model year for the 2011 model year signed by a person who is authorized to act on behalf of the company no later than May 1, 2012.

• Marginal note:Content of report

(2) Subject to subsection (3), the end of model year 2011 model year report must contain the following information:

• (a) in respect of each of the company’s fleets of the 2011 model year,

• (i) the fleet average CO2 equivalent emission standard, calculated in accordance with section 16, and expressed in grams per mile,

• (ii) the fleet average carbon-related exhaust emission value, calculated in accordance with subsection 18(2), and all the values and data used in the calculation of that value,

• (iii) the total number of advanced technology vehicles included in the fleet for calculating the fleet average carbon-related exhaust emission value,

• (iv) the number of credits or deficits, calculated in accordance with subsection 20(3) and, if applicable, the number of available credits adjusted in accordance with subsection 21(4),

• (v) the information set out in paragraphs 33(2)(g), (j) to (o), (q), (r) and (t),

• (vi) if applicable, a statement that the company has elected to exclude from its fleets the passenger automobiles or light trucks that it manufactures or imports and that will be used in Canada solely for the purposes of exhibition, demonstration, evaluation or testing,

• (vii) if applicable, a statement that the company has elected to include in its fleets all of its passenger automobiles or light trucks of the 2011 model year,

• (viii) if applicable, a statement that the company has elected to exclude all emergency vehicles from its fleets of passenger automobiles or light trucks, and

• (ix) if any, the number of CO2 emission credits and early action credits that are used to offset a deficit incurred in respect of the fleets, as well as their identification by fleet of origin and model year; and

• (b) in respect of its fleets of the 2008 to 2010 model years, the total number of early action credits calculated in accordance with subsection 29(1), and, if applicable, the number of available early action credits adjusted in accordance with subsection 29(8) for both fleets of those model years; and

• (c) the total number of advanced technology vehicles included for the fleets of the 2008 to 2010 model years in the calculation conducted for the purposes of section 29.

• Marginal note:Reporting early action credits

(3) In order to obtain early action credits under section 29 or 30 in respect of its fleets of the 2008 to 2010 model years, a company must also include in its 2011 model year report the following information in respect of each of the 2008 to 2010 model years and each fleet:

• (a) the number of credits or deficits calculated in accordance with subsection 20(3);

• (b) the fleet average CO2 equivalent emission standard used in the calculation of the number of credits or deficits;

• (c) the fleet average CO2 equivalent emission value, calculated in accordance with section 18;

• (d) the fleet average carbon-related exhaust emission value, calculated in accordance with subsection 18(3);

• (e) the total number of vehicles in the fleet;

• (f) the carbon-related exhaust emission value for each model type in the fleet, calculated in accordance with subsection 18(3), and all the values and data used in the calculation of that value;

• (g) the number of vehicles of each model type;

• (h) if the company calculates an allowance referred to in subsection 18(7), the value of the allowance for the fleet and, for each air conditioning system,

• (i) a description of the system,

• (ii) the CO2 equivalent leakage reduction, calculated in accordance with that subsection, and all the values and data used in the calculation of the reduction, and

• (iii) the total number of vehicles in the fleet that are equipped with the system;

• (i) if the company calculates an allowance referred to in subsection 18(8), the value of the allowance for the fleet and, for each air conditioning system,

• (i) a description of the system,

• (ii) the air conditioning efficiency allowance, calculated in accordance with that subsection, and all the values and data used in the calculation of the allowance, and

• (iii) the total number of vehicles in the fleet that are equipped with the system;

• (j) if the company calculates an allowance referred to in subsection 18(9), the value of the allowance for the fleet and, for each innovative technology,

• (i) a description of the technology,

• (ii) the allowance for each innovative technology, calculated in accordance with that subsection and, if applicable, subsection 18(10), and all the values and data used in the calculation of the allowance, and

• (iii) the total number of vehicles in the fleet that are equipped with the technology; and

• (k) if applicable, evidence of the EPA approval referred to in subsection 18(10).

[Repealed, SOR/2014-207, s. 18]

Marginal note:End of model year report

•  (1) Unless a company meets the conditions of section 14, it must submit to the Minister, for vehicles of the 2012 and subsequent model years, an end of model year report signed by a person who is authorized to act on behalf of the company, no later than May 1 of the calendar year following the calendar year that corresponds to the model year in question.

• Marginal note:Content

(2) The end of model year report, for a given model year, must contain the following information in respect of each of the company’s fleets:

• (a) if applicable, a statement that the company has elected to create a temporary optional fleet of passenger automobiles or light trucks;

• (b) if applicable, a statement that the company has elected to exclude from its fleets the passenger automobiles or light trucks that it manufactures or imports and that will be used in Canada solely for the purposes of exhibition, demonstration, evaluation or testing;

• (c) the fleet average CO2 equivalent emission standard, calculated in accordance with subsection 17(3);

• (d) the CO2 emission target value for each group, calculated for the purposes of section 17, and all the values and data used in the calculation of that value;

• (e) the number of vehicles in each group constituted for the purposes of section 17;

• (f) the total number of vehicles in the fleet;

• (g) the fleet average CO2 equivalent emission value, calculated in accordance with section 18;

• (h) the fleet average carbon-related exhaust emission value, calculated in accordance with subsection 18(3);

• (i) the carbon-related exhaust emission value for each model type, calculated in accordance with subsection 18(3), and all the values and data used in the calculation of that value;

• (j) the total number of advanced technology vehicles included in the fleet in the calculation of the fleet average carbon-related exhaust emission value;

• (k) the number of vehicles of each model type in the fleet;

• (l) if the company calculates an allowance referred to in subsection 18(7), the value of the allowance for the fleet and, for each air conditioning system,

• (i) a description of the system,

• (ii) the CO2 equivalent leakage reduction, calculated in accordance with that subsection, and all the values and data used in the calculation of the reduction, and

• (iii) the total number of vehicles in the fleet that are equipped with the system;

• (m) if the company calculates an allowance referred to in subsection 18(8), the value of the allowance for the fleet and, for each air conditioning system,

• (i) a description of the system,

• (ii) the air conditioning efficiency allowance, calculated in accordance with that subsection, and all the values and data used in the calculation of the allowance, and

• (iii) the total number of vehicles in the fleet that are equipped with the system;

• (n) if the company calculates an allowance referred to in subsection 18(9), the value of the allowance for the fleet and, for each innovative technology,

• (i) a description of the technology,

• (ii) the allowance for each innovative technology, calculated in accordance with that subsection and, if applicable, subsection 18(10), and all the values and data used in the calculation of the allowance, and

• (iii) the total number of vehicles in the fleet equipped with the technology;

• (o) if applicable, evidence of the EPA approval referred to in subsection 18(10);

• (p) the number of credits or deficits, calculated in accordance with subsection 20(3) for the fleet;

• (q) if applicable, a statement that the company has elected to apply subsection 18(4) and the number of credits obtained as a result of this election;

• (r) if any, the number of CO2 emission credits and early action credits that are used to offset a deficit incurred in respect of the fleet of the model year in question or an outstanding deficit incurred in respect of the fleet, as well as their identification by fleet of origin and model year;

• (s) if any, the amount of the payment made to the Receiver General to obtain the credits and the number of credits obtained upon such payment under section 23 that are used to offset a deficit incurred in respect of the fleets; and

• (t) an accounting of all the CO2 emission credits and early action credits and deficits incurred for each model year and for each fleet.

• Marginal note:Content — temporary optional fleets

(3) If a company elects to create a temporary optional fleet of passenger automobiles or light trucks, the end of model year reports for all the model years in respect of which an optional fleet was created must also contain the following information in respect of each of the company’s temporary optional fleets:

• (a) a statement that

• (i) the company has elected to exclude from its temporary optional fleets the passenger automobiles or light trucks that it manufactures or imports and that will be used in Canada solely for the purposes of exhibition, demonstration, evaluation or testing,

• (ii) indicates the total number of passenger automobiles or light trucks manufactured or imported for sale in Canada of the 2009 model year and, if applicable, those from the companies that have been purchased or merged, and

• (iii) indicates that it results from the merger that has taken place after the coming into force of these Regulations or if it has acquired other companies after that date;

• (b) the optional fleet average CO2 equivalent emission standard, calculated in accordance with subsection 24(2);

• (c) the CO2 emission target value for each group, calculated for the purposes of section 17, and all the values and data used in the calculation of that value;

• (d) the number of vehicles in each group constituted for the purposes of section 17;

• (e) the total number of vehicles in the temporary optional fleet;

• (f) the fleet average CO2 equivalent emission value, calculated in accordance with section 18;

• (g) the fleet average carbon-related exhaust emission value, calculated in accordance with subsection 18(3);

• (h) the carbon-related exhaust emission value for each model type, calculated in accordance with subsection 18(3), and all the values and data used in the calculation of that value;

• (i) the number of vehicles of each model type in the temporary optional fleet;

• (j) if the company calculates an allowance referred to in subsection 18(7), the value of the allowance for the temporary optional fleet and, for each air conditioning system,

• (i) a description of the system,

• (ii) the CO2 equivalent leakage reduction, calculated in accordance with that subsection, and all the values and data used in the calculation of the reduction, and

• (iii) the total number of vehicles in the temporary optional fleet that are equipped with the system;

• (k) if the company calculates an allowance referred to in subsection 18(8), the value of the allowance for the temporary optional fleet and, for each air conditioning system,

• (i) a description of the system,

• (ii) the air conditioning efficiency allowance, calculated in accordance with that subsection, and all the values and data used in the calculation of the allowance, and

• (iii) the total number of vehicles in the temporary optional fleet that are equipped with the system;

• (l) if a company calculates an allowance referred to in subsection 18(9), the value of the allowance for the temporary optional fleet and, for each innovative technology,

• (i) a description of the technology,

• (ii) the allowance for each innovative technology, calculated in accordance with that subsection and, if applicable, subsection 18(10), and all the values and data used in the calculation of the allowance, and

• (iii) the total number of vehicles in the temporary optional fleet that are equipped with the technology;

• (m) if applicable, evidence of the EPA approval referred to in subsection 18(10);

• (n) the number of credits or deficits, calculated in accordance with subsection 20(3);

• (o) if any, the number of CO2 emission credits, credits obtained in respect of a temporary optional fleet and early action credits that are used to offset a deficit incurred in respect of the temporary optional fleet of the model year in question or an outstanding deficit incurred in respect of the temporary optional fleet, as well as their identification by fleet of origin and model year; and

• (p) an accounting of all the credits obtained in respect of a temporary optional fleet and deficits incurred for each model year and for each temporary optional fleet.

• Marginal note:Additional information

(4) The end of model year report must also contain the following information on each CO2 emission credit transfer and early action credit transfer to or from the company since the submission of the previous end of model year report:

• (a) the name, street address and, if different, the mailing address of the company that transferred the credits and the model year in respect of which that company obtained those credits;

• (b) the name, street address and, if different, the mailing address of the company that received the credits;

• (c) the date of the transfer; and

• (d) the number of credits transferred, expressed in megagrams.

Marginal note:Format for submission

Any report to be submitted under these Regulations must be submitted electronically in the format provided by the Minister, but the report must be submitted in writing if

• (a) no such format is 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.

## Declaration

Marginal note:Low volume manufactures or importers

•  (1) The company referred to in section 14 must submit to the Minister a declaration signed by a person who is authorized to act on behalf of the company no later than the first of the following dates:

• (a) 30 days before the day on which the first vehicle of the model year was offered for sale following the last three model years for which the average was calculated; and

• (b) December 31 of the calendar year preceding the calendar year corresponding to the vehicle’s model year.

• Marginal note:Contents of declaration

(2) The declaration must contain the following information:

• (a) the total number for each of the 2008 and 2009 model years of passenger vehicles and light trucks manufactured or imported for sale in Canada; and

• (b) the total number of passenger vehicles and light trucks manufactured or imported for sale in Canada for the three most recent consecutive model years.

## Records

### Evidence of Conformity

Marginal note:Evidence of conformity

•  (1) In the case of a vehicle that is covered by an EPA certificate and that is sold concurrently in Canada and the United States, evidence of conformity for the purpose of paragraph 153(1)(b) of the Act in respect of a company must consist of

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

• (b) a document demonstrating that vehicles covered by the EPA certificate are sold concurrently in Canada and 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 vehicle; and

• (d) a U.S. emission control information label that is permanently affixed to the vehicle in the form and location set out in section 1807 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, for the applicable model year.

• Marginal note:U.S. control information label

(2) For the purpose of subsection (1), the U.S. emission control information label may be permanently affixed to the vehicle in any other form and location that may be specified in Title 40, chapter I, subchapter C, part 86, of the CFR.

Marginal note:Vehicles not sold in the United States

•  (1) For the purpose of paragraph 153(1)(b) of the Act, a company must obtain and produce evidence of conformity for a vehicle other than one referred to in subsection 36(1) in a form and manner satisfactory to the Minister, instead of as specified in that subsection.

• Marginal note:Time of submission

(2) For greater certainty, a company must submit the evidence of conformity to the Minister before importing a vehicle or applying a national emissions mark to it.

Marginal note:Subsection 153(2) of the Act

For greater certainty, a company that imports a vehicle or applies a national emissions mark to it under subsection 153(2) of the Act is not required to provide the Minister with the evidence of conformity referred to in subsection 37(1) before importing it or applying a national emissions mark to it, but must provide that evidence in accordance with subsection 153(2) of the Act before the vehicle leaves the possession or control of the company and before it is presented for registration under the laws of a province or an aboriginal government.

### Fleet Average Records

Marginal note:Records — fleets

•  (1) A company must maintain records containing the following information for each of its fleets:

• (a) the model year;

• (b) the applicable fleet average CO2 equivalent emission standard;

• (c) the fleet average CO2 equivalent emission value;

• (d) all the values and data used in calculating the fleet average CO2 equivalent emission value, including information relating to the calculation of allowances; and

• (e) all the values used to calculate the CO2 emission credits, the credits obtained in respect of a temporary optional fleet and the early action credits.

• Marginal note:Records — vehicles

(2) A company must maintain records containing the following information for each vehicle in the fleet referred to in subsection (1):

• (a) the model type and model year;

• (b) the applicable fleet average CO2 equivalent emission standard;

• (c) in the case of a vehicle covered by an EPA certificate, the applicable test group described in subpart S of Title 40, chapter I, subchapter C, part 86, of the CFR;

• (d) the name and street address of the plant where the vehicle was assembled;

• (e) the vehicle identification number;

• (f) the applicable carbon-related exhaust emission value and all values and data used in calculating that value; and

• (g) the name and street or mailing address of the first purchaser of the vehicle in Canada.

### Maintenance and Submission of Records

Marginal note:Maintenance of records

•  (1) A company must maintain, for vehicles of each model year, in writing or in a readily readable electronic or optical form,

• (a) for a period of at least eight years after the end of the calendar year that corresponds to the model year in question, a copy of the reports referred to in sections 31 to 33;

• (b) for a period of at least eight years after the date on which the main assembly of the vehicle was completed, the evidence of conformity referred to in section 36; and

• (c) for a period of at least eight years after the end of the calendar year that corresponds to the model year in question, the records referred to in section 39.

• Marginal note:Records maintained on behalf of a company

(2) If the evidence of conformity, the records and the copy of reports referred to in subsection (1) are maintained on behalf of a company, the company must keep a record of the name and street address and, if different, the mailing address of the person who maintains those records.

• Marginal note:Written request for records

(3) If the Minister makes a written request for the evidence of conformity or the records referred to in subsections (1) and (2), or a summary of any of them, the company must provide the Minister with the requested information, in either official language, within

• (a) 40 days after the request is delivered to the company; or

• (b) if the evidence of conformity or records referred to in section 36 or 37 must be translated from a language other than French or English, 60 days after the request is delivered to the company.

## Importation Document

Marginal note:Importation for exhibition, demonstration, evaluation or testing

The declaration referred to in paragraph 155(1)(a) of the Act must be made in accordance with section 41 of the On-Road Vehicle and Engine Emission Regulations.

## Rental Rate

Marginal note: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 a vehicle is made available, is the rate prescribed in section 43 of the On-Road Vehicle and Engine Emission Regulations.

## Application for Exemption

Marginal note:Application

A company applying under section 156 of the Act for an exemption from conformity with any standard specified under these Regulations must submit in writing to the Minister the information set out in section 44 of the On-Road Vehicle and Engine Emission Regulations.

## Defect Information

Marginal note:Notice of defect

•  (1) The notice of defect referred to in subsections 157(1) and (4) of the Act must be given in writing and must contain the information set out in subsection 45(1) of the On-Road Vehicle and Engine Emission Regulations.

• Marginal note:Reports

(2) In respect of a notice of defect issued under these Regulations, a company must comply with the provisions set out in subsections 45(2) and (3) of the On-Road Vehicle and Engine Emission Regulations.

• Marginal note:Applicable standard

(3) For the application of section 157 of the Act, the prescribed standard that applies to a vehicle is the product of 1.1 multiplied by the carbon-related exhaust emission value for the model type in question, calculated in accordance with subsection 18(3), or by the equivalent value in the case of a model type of the 2011 model year.

## Coming into Force

Marginal note:Registration

These Regulations come into force on the day on which they are registered.

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