Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations (SOR/2010-201)

Marginal note:Concurrent sale

1.1 For the purposes of these Regulations, a vehicle of a specific model year that is sold in Canada is considered to be sold concurrently in Canada and in the United States if a vehicle of that model year that belongs to the same test group is offered for sale in the United States during the 365 days preceding

• (a) in the case of a vehicle that is imported into Canada, the day on which the vehicle is imported; and

• (b) in the case of a vehicle that is manufactured in Canada,

  • (i) the day on which the national emissions mark is applied to the vehicle, if known, or

  • (ii) if the day referred to in subparagraph (i) is not known, the day on which the main assembly of the vehicle was completed.

Purpose

Marginal note:Purpose

2 The purpose of these Regulations is to reduce greenhouse gas emissions from passenger automobiles and light trucks by establishing

• (a) emission standards and test procedures that are aligned with the federal requirements of the United States; and

• (b) requirements that, beginning in model year 2026, will incrementally lead to all new passenger automobiles and light trucks being zero-emission vehicles as of model year 2035.

Background

Marginal note:Background

3 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;

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

• (e) requirements respecting the conformity of combined fleets, as defined in subsection 30.1(1), with requirements for zero-emission vehicles; and

• (f) a system of compliance units related to zero-emission vehicles.

Model Year

Marginal note:Model year

• 4 (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

• 5 (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

• 6 (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 for 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.

Marginal note:National emissions mark

7 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

• 8 (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.

Emission Control Systems

Marginal note:On-Road Vehicle and Engine Emission Regulations

• 9 (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 — emergency vehicle or fire fighting vehicle

  (4) Despite subsection (2), an emergency vehicle or fire fighting vehicle may be equipped with a defeat device if the device is one that is 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.

Standards for Passenger Automobiles and Light Trucks

Marginal note:Nitrous oxide and methane emission standards

• 10 (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 18.1(2) 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.

Marginal note:Interpretation of standards

11 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.

Marginal note:EPA certificate

• 12 (1) Every vehicle of a specific model year that is covered by an EPA certificate and that bears the label referred to in paragraph 36(1)(d) 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 Requirements — CO₂ Equivalent Emissions

General

Marginal note:Requirements respecting CO₂ equivalent emissions

13 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.