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

Regulations are current to 2022-11-16 and last amended on 2018-11-16. Previous Versions

Greenhouse Gas Emission Standards (continued)

Flexibility Measures For the 2017 to 2020 Model Years (continued)

Marginal note:Merger

 For the purposes of section 28.1, in the case of a company that merges with one or more companies after December 31, 2009, the total number of passenger automobiles and light trucks of the 2009 model year manufactured or imported for sale in Canada by the company is the sum of the number of passenger automobiles and light trucks of the 2009 model year manufactured or imported for sale in Canada by each of the merged companies.

  • SOR/2014-207, s. 15

Marginal note:Purchase

 For the purposes of section 28.1, in the case of a company that purchases one or more companies after December 31, 2009, the total number of passenger automobiles and light trucks of the 2009 model year manufactured or imported for sale in Canada by the company is the sum of the number of passenger automobiles and light trucks of the 2009 model year manufactured or imported for sale in Canada by the company and all purchased companies.

  • SOR/2014-207, s. 15

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:Time limit — credits for the 2009 model year

    (6) Early action credits obtained for a fleet of passenger automobiles or light trucks of the 2009 model year may be used in respect of any fleet of passenger automobiles or light trucks of the 2011 to 2014 model years, after which the credits are no longer valid.

  • Marginal note:Time limit — credits for the 2010 model year

    (6.1) Early action credits obtained for a fleet of passenger automobiles or light trucks of the 2010 model year may be used in respect of any fleet of passenger automobiles or light trucks of the 2011 to 2021 model years, 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.

  • SOR/2014-207, s. 16

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 18.1(1), and 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 18.1(2);

    • (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 18.1(2), 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 18.2(1), 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 18.2(2), 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 18.3(5), 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, determined in accordance with that subsection and, if applicable, subsection 18.3(6), and 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 18.3(6).

  • SOR/2014-207, ss. 17, 23, 24

 [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;

    • (b.1) if applicable, a statement that the company has elected to exclude emergency vehicles from its fleets of passenger automobiles and light trucks;

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

    • (d) the CO2 emission target value for each group, determined for the purposes of section 17, and 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 18.1(2);

    • (i) the carbon-related exhaust emission value for each model type, calculated in accordance with subsection 18.1(2), and the values and data used in the calculation of that value;

    • (i.1) if applicable, evidence demonstrating that the alternative value for the weighting factor “F” referred to in subsection 18.1(7) is more representative of the company’s fleet;

    • (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 18.2(1), 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, determined in accordance with that subsection, and 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 18.2(2), 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, determined in accordance with that subsection, and 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;

    • (m.1) if the company calculates an allowance referred to in subsection 18.3(1), the value of the allowance for the fleet and, for each innovative technology,

      • (i) a description of the technology,

      • (ii) the allowance for that technology, determined in accordance with subsection  18.3(1) or (2), the values and data used in the calculation of the allowance and, if applicable, evidence of the EPA approval referred to in paragraph 18.3(2)(b) or the evidence referred to in paragraph 18.3(2)(c), and

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

    • (n) if the company calculates an allowance referred to in subsection 18.3(5), the value of the allowance for the fleet and, for each innovative technology,

      • (i) a description of the technology,

      • (ii) the allowance for that technology, determined in accordance with subsection 18.3(5) or (6), the values and data used in the calculation of the allowance, and, if applicable, evidence of the EPA approval referred to in paragraph 18.3(6)(a) or the evidence referred to in paragraph 18.3(6)(b), and

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

    • (o) if the company calculates an allowance referred to in subsection 18.4(1), the value of the allowance for the fleet and the values and data used in the calculation of the allowance;

    • (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 18.1(3) and an indication of the number of credits obtained as a result of this election and of the number of vehicles in question;

    • (q.1) if applicable, a statement that the company has elected to apply subsection 18.1(4) and an indication of the number of credits obtained as a result of this election and of the number of vehicles in question;

    • (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;

    • (s.1) if applicable, a statement that the company has elected to apply section 28.1, an indication of the total number of passenger automobiles and light trucks of the 2009 model year that were manufactured or imported for sale in Canada by the company and

      • (i) if the company results from a merger that took place after December 31, 2009, an indication of the total number of passenger automobiles and light trucks of the 2009 model year that were manufactured or imported for sale in Canada by each company involved in the merger, and

      • (ii) if the company purchased one or more companies after December 31, 2009, an indication of the total number of passenger automobiles and light trucks of the 2009 model year that were manufactured or imported for sale in Canada by each company it purchased; 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,

      • (i.1) the company has elected to exclude emergency vehicles from its temporary optional fleets,

      • (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 September 23, 2010 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, determined for the purposes of section 17, and 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 18.1(2);

    • (h) the carbon-related exhaust emission value for each model type, calculated in accordance with subsection 18.1(2), and 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 18.2(1), 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, determined in accordance with that subsection, and 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 18.2(2), 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, determined in accordance with that subsection, and 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;

    • (k.1) if the company calculates an allowance referred to in subsection 18.3(1), 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 that technology, determined in accordance with subsection 18.3(1) or (2), the values and data used in the calculation of the allowance and, if applicable, evidence of the EPA approval referred to in paragraph 18.3(2)(b) or the evidence referred to in paragraph 18.3(2)(c), and

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

    • (l) if a company calculates an allowance referred to in subsection 18.3(5), 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 that technology, determined in accordance with subsection 18.3(5) or (6), the values and data used in the calculation of the allowance and, if applicable, evidence of the EPA approval referred to in paragraph 18.3(6)(a) or the evidence referred to in paragraph 18.3(6)(b), 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 18.3(6);

    • (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.

  • SOR/2014-207, ss. 19, 23 to 25
 
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