Marine Spark-Ignition Engine, Vessel and Off-road Recreational Vehicle Emission Regulations (SOR/2011-10)

Interpretation

Marginal note:Definitions

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

  Act

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

  all-terrain vehicle

  all-terrain vehicle means a land-based or amphibious vehicle, other than a utility vehicle, that

  • (a) is designed to travel on three or four low-pressure tires, is equipped with a seat designed to be straddled and with handlebars for steering, and is designed to be used by a single operator and no passengers; or

  • (b) has three or more wheels and one or more seats, is designed for operation over rough terrain, is designed for transportation and has a maximum vehicle speed of at least 40 km/h. (véhicule tout terrain)

  amphibious vehicle

  amphibious vehicle means a vehicle with wheels or tracks that is designed primarily for operation on land and secondarily for operation in or on water. (véhicule amphibie)

  CFR

  CFR means Title 40, chapter I of the Code of Federal Regulations of the United States. (CFR)

  CFR 1045

  CFR 1045 means subchapter U, part 1045, of the CFR. (CFR 1045)

  CFR 1051

  CFR 1051 means subchapter U, part 1051, of the CFR. (CFR 1051)

  CFR 1060

  CFR 1060 means subchapter U, part 1060, of the CFR. (CFR 1060)

  CFR 1068

  CFR 1068 means subchapter U, part 1068, of the CFR. (CFR 1068)

  conventional inboard engine

  conventional inboard engine means an inboard engine that is rated at 373 kW at most. (moteur en-bord conventionnel)

  crankcase emissions

  crankcase emissions means substances that cause air pollution and that are emitted into the atmosphere from any portion of the crankcase ventilation or lubrication systems of an engine or a vehicle’s engine. (émissions du carter)

  diurnal emissions

  diurnal emissions means evaporative emissions that occur as a result of venting fuel tank vapours during daily temperature changes while the engine is not operating. (émissions diurnes)

  element of design

  element of design means, in respect of an engine, vessel or vehicle

  • (a) any control system, including computer software, electronic control systems and computer logic;

  • (b) any control system calibrations;

  • (c) the results of systems interaction; or

  • (d) any hardware items. (élément de conception)

  emission control system

  emission control system means any device, system or element of design that controls or reduces the emissions from an engine, vessel or vehicle. (système antipollution)

  emission family

  emission family means

  • (a) in respect of the engines or vehicles of a company, or the fuel lines or fuel tanks installed in outboards or vessels of a company, that are covered by an EPA certificate, the classification units for which the EPA certificate was issued; and

  • (b) in respect of any other engine or vehicle of a company, or other fuel line or fuel tank installed in outboards or vessels of a company, the classification units determined in accordance with

    • (i) in the case of engines, section 230 of subpart C of CFR 1045,

    • (ii) in the case of vehicles, section 230 of subpart C of CFR 1051, and

    • (iii) in the case of fuel lines or fuel tanks installed in outboards or vessels, section 230 of subpart C of CFR 1060. (famille d’émissions)

  engine

  engine means a marine spark-ignition engine of a class prescribed under subsection 5(1) that is used or capable of being used to propel a vessel. (moteur)

  EPA

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

  EPA certificate

  EPA certificate means a certificate of conformity with United States federal standards issued by the EPA. (certificat de l’EPA)

  evaporative emissions

  evaporative emissions means hydrocarbons emitted into the atmosphere from an outboard, vessel or vehicle, other than exhaust emissions and crankcase emissions. (émissions de gaz d’évaporation)

  exhaust emissions

  exhaust emissions means substances emitted into the atmosphere from any opening downstream from the exhaust port of an engine or vehicle’s engine. (émissions de gaz d’échappement)

  family emission limit

  family emission limit means the maximum emission level established by a company for an emission family for the purpose of fleet averaging. (limite d’émissions de la famille)

  fuel line

  fuel line means hose, tubing, and primer bulbs containing or exposed to liquid fuel, including hose or tubing that transports fuel to or from an engine or a vehicle’s engine that includes

  • (a) flexible molded sections for transporting liquid fuel to or from that engine, but does not include inflexible components for connecting hose or tubing; and

  • (b) hose or tubing for the vent line or filler neck if fuel systems are designed such that any portion of the vent-line or filler-neck material continues to be exposed to liquid fuel after completion of a refueling event in which an operator fills the fuel tank using typical methods.

  A fuel line does not include a primer bulb that contains liquid fuel only when priming an engine or a vehicle’s engine before starting that engine and a fuel line that is designed to connect a portable fuel tank to an engine. (conduite d’alimentation en carburant)

  fuel tank

  fuel tank means a fuel tank that is not portable. (réservoir de carburant)

  high-performance inboard engine

  high-performance inboard engine means an inboard engine that is rated at more than 373 kW and design features to enhance power output such that the expected operating time until rebuild is less than 480 hours. (moteur en-bord à haute performance)

  inboard engine

  inboard engine, in relation to a vessel, includes a sterndrive, also known as an inboard/outboard engine, and a jet boat engine, but does not include a personal watercraft engine. (moteur en-bord)

  jet boat

  jet boat means a vessel in which an internal combustion engine is installed that powers a water-jet pump as the vessel’s primary source of propulsion and is designed with an open area for carrying passengers. (bateau à propulsion hydraulique)

  model year

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

  off-road motorcycle

  off-road motorcycle means a two-wheeled vehicle that is equipped with a seat. (motocyclette hors route)

  permeation emissions

  permeation emissions means evaporative emissions resulting from the permeation of fuel through fuel line or fuel tank materials. (émissions par perméation)

  personal watercraft

  personal watercraft means a vessel with an enclosed hull of less than 4 m in length that uses an internal combustion engine powering a water-jet pump as its primary source of propulsion and is designed to be used by one or more persons while sitting, standing or kneeling. (motomarine)

  snowmobile

  snowmobile means a vehicle, including a vehicle that can be converted into a snowmobile, that has a maximum width of 1.5 m and is designed primarily for travel on snow. (motoneige)

  utility vehicle

  utility vehicle means a vehicle that is designed for operation over rough terrain and

  • (a) has at least four wheels and seating for at least two persons;

  • (b) has an engine displacement of at most 1000 cm³, a maximum engine brake power of at most 30 kW and a maximum vehicle speed of at least 40 km/h; and

  • (c) has either a rear payload of at least 159 kg or seating for at least six passengers. (véhicule utilitaire)

  vehicle

  vehicle means an off-road recreational vehicle that is of a class prescribed under subsection 5(3). (véhicule)

  vessel

  vessel means a vessel that is of the class prescribed under subsection 5(2). (bâtiment)

• Marginal note:Incorporation by reference

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

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

  • (b) alternative standards related to the averaging, banking and trading of emission credits, to small-volume manufacturers or to financial hardship; and

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

Purpose

Marginal note:Purpose

2 The purpose of these Regulations is to

• (a) reduce emissions of hydrocarbons, oxides of nitrogen and carbon monoxide from engines, vessels and vehicles by establishing emission limits for those substances or combinations of those substances;

• (b) reduce emissions of the toxic substances formaldehyde, 1,3-butadiene, acetaldehyde, acrolein and benzene by establishing emission limits for hydrocarbons from engines, vessels and vehicles; and

• (c) establish emission standards and test procedures for engines, vessels and vehicles that are aligned with those of the EPA.

Background

Marginal note:Background

3 These Regulations set out

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

• (b) requirements respecting the conformity of engines, vessels and vehicles with emission-related standards for the purposes of sections 153 and 154 of the Act;

• (c) a system of credits for the purposes of section 162 of the Act; and

• (d) other requirements for carrying out the purposes of Division 5 of Part 7 of the Act.

Model Year

Marginal note:Model year

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

  • (a) if the period of production of a model of engine, vessel or vehicle does not include January 1 of a calendar year, the calendar year during which the period of production falls or the calendar year immediately following the calendar year during which the period of production falls, at the manufacturer’s choice; or

  • (b) if the period of production of a model of engine, vessel or vehicle includes January 1 of a calendar year, that calendar year.

• Marginal note:Limitation

  (2) The period of production may include only one January 1.

Classes of Engines and Vehicles

Marginal note:Prescribed engines

• 5 (1) Outboards, inboard engines and personal watercraft engines that operate under characteristics significantly similar to the theoretical Otto combustion cycle and use a spark plug or other sparking device are classes of engines that are prescribed for the purposes of the definition engine in section 149 of the Act.

• Marginal note:Prescribed vehicles — vessels

  (2) Vessels — other than amphibious vehicles — that are designed to be propelled by a prescribed engine and in which a fuel line or fuel tank is installed are prescribed for the purposes of the definition vehicle in section 149 of the Act.

• Marginal note:Prescribed vehicles — off-road recreational vehicles

  (3) In addition, the following classes of off-road recreational vehicles are prescribed for the purposes of the definition vehicle, in section 149 of the Act:

  • (a) snowmobiles;

  • (b) off-road motorcycles;

  • (c) all-terrain vehicles; and

  • (d) utility vehicles.

• Marginal note:Exclusions

  (4) The classes of engines and vehicles referred to in subsections (1) to (3) do not include

  • (a) an engine that is designed exclusively for competition, namely one that has the following characteristics, and bears a label that meets the requirements of subsections 7(3) and (4) and indicates that the engine is a competition engine:

    • (i) has performance characteristics that are substantially superior to non-competitive engines, and

    • (ii) is not displayed for sale in any public dealership or otherwise offered for sale to the general public;

  • (b) a vessel in which an engine referred to in paragraph (a) is installed;

  • (c) an off-road motorcycle that is designed exclusively for competition, namely one that meets at least four of the following characteristics, and bears either the label referred to in paragraph (a) of the definition competition vehicle in subsection 2(1) of the Motor Vehicle Safety Regulations or a label that meets the requirements of subsections 7(3) and (4) and indicates that it is a competition off-road motorcycle:

    • (i) it has no headlight or other lights,

    • (ii) it has no spark arrestor,

    • (iii) it has no manufacturer’s warranty,

    • (iv) it has suspension travel that is greater than 25.4 cm,

    • (v) it has an engine displacement that is greater than 50 cm³, and

    • (vi) it has a seat surface that is less than 195 cm²;

  • (d) a snowmobile or all-terrain vehicle that is designed exclusively for competition, namely one that has performance characteristics that are substantially superior to a non-competitive model and is not covered by a manufacturer’s warranty, and either bears the label referred to in paragraph (a) of the definition competition vehicle in subsection 2(1) of the Motor Vehicle Safety Regulations or bears a label that meets the requirements of subsections 7(3) and (4) and indicates that it is a competition snowmobile or all-terrain vehicle;

  • (e) an engine or vehicle that is regulated by the On-Road Vehicle and Engine Emission Regulations;

  • (f) a vehicle or vessel that is propelled by power generated solely by one or more electric motors;

  • (g) a vehicle that has one or more compression-ignition engines for its propulsion, if the engines in question meet the requirements of the Off-road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engine Emission Regulations;

  • (h) a vehicle, or a vessel, that is designed exclusively for use in combat or combat support during military activities, including reconnaissance missions, rescue missions and training missions, and the engine of the vessel;

  • (i) an engine, vessel or vehicle that is being exported and is accompanied by written evidence that establishes that it will not be sold or used in Canada;

  • (j) an engine, of a vessel, that uses natural gas as fuel and is rated at 250 kW or more; and

  • (k) a vehicle that has a dry weight of less than 20 kg.

• Marginal note:Section 152 of Act

  (5) For the purpose of section 152 of the Act,

  • (a) the engines are those referred to in subsection (1) that are manufactured in Canada; and

  • (b) the vehicles are the vessels referred to in subsection (2), and the vehicles referred to in subsection (3), whose main assembly is completed in Canada.

  However, none of those engines, vessels or vehicles that is to be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing is prescribed for the purpose of that section.

• Marginal note:Section 154 of Act

  (6) For greater certainty, the classes of engines and vehicles that are prescribed for the purposes of section 154 of the Act are those that are prescribed under subsections (1) to (3).