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

Marginal note:Purchase

• 28 (1) If a company purchases one or more companies after September 23, 2010, 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.

Flexibility Measures For the 2017 to 2020 Model Years

Marginal note:CO₂ emission target values

28.1 A company that has elected to create a temporary optional fleet under subsection 24(1) and that 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 may, when calculating the fleet average CO₂ equivalent emission standard under section 17 for fleets of the 2017 to 2020 model years, elect, for a given model year, to replace the CO₂ emission target value applicable to a given group of passenger automobiles or light trucks under section 17 with the following, if the company reports that election in its end of model year report:

• (a) in the case of a fleet of passenger automobiles or light trucks of the 2017 or 2018 model year, the CO₂ emission target value that would be applicable to that group under section 17 if the passenger automobiles or light trucks included in that group were of the 2016 model year;

• (b) in the case of a fleet of passenger automobiles or light trucks of the 2019 model year, the CO₂ emission target value that would be applicable to that group under section 17 if the passenger automobiles or light trucks included in that group were of the 2018 model year; or

• (c) in the case of a fleet of passenger automobiles or light trucks of the 2020 model year, the CO₂ emission target value that would be applicable to that group under section 17 if the passenger automobiles or light trucks included in that group were of the 2019 model year.

Marginal note:Merger

28.2 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.

Marginal note:Purchase

28.3 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.

Early Action Credits

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

• 29 (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) “N_i” 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.

Marginal note:Definitions

• 30 (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.

Combined Fleet Requirements — Zero-emission Vehicles

Interpretation

Marginal note:Definitions

• 30.1 (1) The following definitions apply in this section, in sections 30.11 to 30.21 and in subsections 33(4.1) to (5).

  combined fleet

  combined fleet means all automobiles of a specific model year that a company manufactures in Canada or imports into Canada for the purpose of sale of those automobiles to the first retail purchaser. (parc combiné)

  company

  company has the same meaning as in section 149 of the Act. (entreprise)

  ZEV requirement

  ZEV requirement means the minimum performance required with respect to zero-emission vehicles of a company’s combined fleet for a given model year, as set out in section 30.12. (exigence VZE)

  ZEV value

  ZEV value means the actual performance with respect to zero-emission vehicles of a company’s combined fleet for a given model year, calculated in accordance with section 30.13(1). (valeur VZE)

• Marginal note:Exclusion — emergency vehicles and fire fighting vehicles

  (2) Despite the definition combined fleet in subsection (1), a company may, for the purposes of sections 30.11 to 30.21, elect to exclude emergency vehicles and fire fighting vehicles from its combined fleet of any model year, if it reports that election in its end of model year report for that model year.

• Marginal note:Exclusion — automobile being exported

  (3) The definition combined fleet in subsection (1) does not include any automobile that is being exported and that is accompanied by written evidence establishing that it will not be sold or used in Canada.

General

Marginal note:Requirement respecting ZEV value

30.11 Subject to sections 30.14 to 30.21, a company must ensure that the ZEV value of its combined fleet, calculated in accordance with section 30.13, of the 2026 model year and subsequent model years meets or exceeds the ZEV requirement for the model year in question.

ZEV Requirement for Combined Fleet

Marginal note:ZEV requirement by model year

30.12 The ZEV requirement for a company’s combined fleet for a model year in column 1 of the following table is set out in column 2.