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

Regulations are current to 2020-10-05 and last amended on 2018-03-22. Previous Versions

Standards (continued)

Emission Standards (continued)

Interpretation of Standards

Marginal note:Test procedures, fuels and calculation methods

  •  (1) For greater certainty, the standards in these Regulations that refer to the CFR include the test procedures, fuels and calculation methods referred to in CFR 1045, CFR 1051 or CFR 1060.

  • Marginal note:Phasing in of standards

    (2) In the case of a standard that is set out in the CFR to be phased in over a period for a class of vehicle or engine or for fuel lines or fuel tanks installed in a vessel or outboard, the standard comes into effect for the purposes of these Regulations in the model year for which the CFR specifies that the standard applies to 100% of that class or of those fuel lines or fuel tanks, and continues to apply until another standard comes into effect that so applies.

Fleet Averaging

General

Marginal note:Meaning of fleet

  •  (1) In sections 25 to 33 and 36, fleet refers to the engines and vehicles — grouped in accordance with this section — that a company manufactures in Canada, or imports into Canada, for the purpose of sale in Canada to a first retail purchaser.

  • Marginal note:Groupings of engines and vehicles into fleets

    (2) A company that opts to conform under paragraph 11(1)(d), must group its engines and vehicles referred to in subsection (1) into one or more of the following fleets, with each fleet consisting of all of its:

    • (a) outboards and personal watercraft engines;

    • (b) conventional inboard engines;

    • (c) snowmobiles;

    • (d) off-road motorcycles;

    • (e) utility vehicles; or

    • (f) all-terrain vehicles.

  • Marginal note:Grouping of utility vehicles and all-terrain vehicles

    (3) Despite subsection (2), a company may group utility vehicles and all-terrain vehicles into a single fleet.

  • Marginal note:Voluntary exclusion

    (4) Despite subsection (2), for the purposes of sections 25 to 31, a company may exclude from any of its fleets the engines and vehicles that are covered by an EPA certificate and sold concurrently in Canada and the United States, if the number of those engines and vehicles sold in the United States during a given period exceeds the number of those engines and vehicles sold in Canada during that period. The consequences of that exclusion are set out in subsections 25(3) and 30(2).

Fleet Average Emission Credits and Deficits for Engines

Marginal note:Obtaining credits

  •  (1) For the purposes of subparagraph 162(1)(b)(i) of the Act, a company obtains emission credits in relation to a given emission type in respect of a fleet of engines referred to in subparagraph 11(1)(d)(i) for a given model year when

    • (a) the determination under subsection 26(1) of the fleet average emission credits or deficits for the fleet is a positive number, which indicates that overall the emissions in respect of the fleet for that emission type are less than the emissions allowed under the applicable standards for the engines of that fleet for that emission type; and

    • (b) the company reports those credits in its end of model year report under section 33.

  • Marginal note:Emission types

    (2) The emission types referred to in subsection (1) are as follows:

    • (a) HC + NOx exhaust emissions for the 2012 and subsequent model years; and

    • (b) CO exhaust emissions for the 2012 and subsequent model years.

  • Marginal note:Result of excluding EPA certified engines

    (3) A company that excludes engines in accordance with subsection 24(4) from a fleet of engines for a given model year

    • (a) is ineligible to obtain fleet average emission credits in respect of that fleet; and

    • (b) forfeits all fleet average emission credits, obtained in respect of previous model years, for that fleet.

  • Marginal note:Election to not determine

    (4) A company may elect to not determine the fleet average emission credits or deficits for any emission type for a given model year in respect of a fleet of engines if every engine in that fleet conforms to the family emission limit that is applicable to that emission type, which must not exceed the applicable standards for engines of that model year referred to in section 13 or 14, as the case may be.

  • Marginal note:Deemed fleet average emission credit

    (5) If a company makes an election under subsection (4), the determination under subsection 26(1) for the emission type for which the election was made in respect of that fleet of engines for the model year in question is deemed to be equal to zero.

Marginal note:Fleet average emission credits or deficits

  •  (1) The fleet average emission credits or deficits, in respect of each emission type and for each fleet of engines, is the sum of the family emission credits or deficits for each emission family of that fleet determined in accordance with subsection (2). The sum is to be rounded to the nearest whole number of kilograms, and if the sum is equidistant between two whole numbers of kilograms, the sum is the higher of them.

  • Marginal note:Family emission credits or deficits

    (2) The family emission credits or deficits in respect of each emission type and for each emission family of a fleet of engines for a given model year is determined in accordance with the following formula:

    (S-L) × N × P × U × 0.207 × 10–3

    where

    S
    is the applicable exhaust emission standard, expressed in g/kW-hr, for that emission type;
    L
    is the family emission limit for that emission family, expressed in g/kW-hr, for that emission type;
    N
    is the number of engines in that family;
    P
    is the maximum engine power for that emission family, expressed in kilowatts, determined in accordance with section 140 of subpart B of CFR 1045; and
    U
    is the useful life for engines of that emission family, as established under subsection 13(2) or 14(2) or (3), as the case may be, expressed in hours.
  • Marginal note:Engines manufactured before coming into force

    (3) For the purposes of determining the family emission credits or deficits in respect of each emission type and for each emission family of a fleet of engines for the 2012 model year, the company may include all engines of that model year, including those manufactured before this section comes into force.

Offsetting Deficits and Use of Credits

Marginal note:Deficits

  •  (1) Any fleet average emission deficits for engines must be offset with an equivalent number of fleet average emission credits obtained by the company or transferred to it by another company. The deficits and credits must be in respect of the same type of fleet, the same emission type and the same standard, expressed in the same units.

  • Marginal note:Remaining credits

    (2) A company may bank any remaining credits to offset future deficits in accordance with subsection (1) or transfer them to another company.

  • Marginal note:Period for offsetting

    (3) A company must offset any fleet average emission deficits for a fleet for a given model year

    • (a) in the case of a fleet for the 2012 model year, no later than the day on which the company submits the end of model year report in respect of that fleet for the 2014 model year; and

    • (b) in the case of a fleet for the 2013 and subsequent model years, no later than the day on which the company submits the end of model year report in respect of that fleet for that model year.

  • Marginal note:Exception — jet boat engines

    (4) Despite subsection (1), during a given model year, a company that manufactures or imports a jet boat engine that is described in sections 660(a) and (c) of subpart G of CFR 1045 may offset any family emission deficits in respect of that jet boat engine with family emission credits, determined under subsection 26(2), in respect of a family of its fleet of outboards and personal watercraft engines that relate to the same model of engine as that jet boat engine. The credits so used cannot have been transferred to the company from another company.

  • Marginal note:Cancellation of credits — CO exhaust emissions

    (5) Despite subsection (2), any fleet average emission credits in respect of CO exhaust emissions credits, other than those used under subsection (4), that are determined, in relation to a given model year, under subsection 26(1) in respect of a company’s fleet of outboards and personal watercraft engines and are reported under section 33 are cancelled upon receipt of the report.

Fleet Average Emission Values for Vehicles

Marginal note:Applicable standards — sections 20 to 22

  •  (1) Subject to section 31 and for the purposes of paragraph 11(1)(d), the fleet average emission value in respect of each emission type for a fleet of vehicles for a given model year must not exceed the applicable standard referred to in any of sections 20 to 22, as the case may be.

  • Marginal note:Emission types

    (2) The emission types referred to in subsection (1) are as follows:

    • (a) for a fleet of snowmobiles,

      • (i) HC exhaust emissions for the 2012 and subsequent model years,

      • (ii) CO exhaust emissions for the 2012 and subsequent model years, and

      • (iii) fuel tank permeation emissions for the 2012 and subsequent model years;

    • (b) for a fleet of off-road motorcycles,

      • (i) HC + NOx exhaust emissions for the 2012 and subsequent model years,

      • (ii) CO exhaust emissions for the 2012 and subsequent model years, and

      • (iii) fuel tank permeation emissions for the 2012 and subsequent model years; and

    • (c) for a fleet of all-terrain vehicles or of utility vehicles, or a fleet grouping both those classes,

      • (i) HC + NOx exhaust emissions for the 2012 and subsequent model years, and

      • (ii) fuel tank permeation emissions for the 2012 and subsequent model years.

  • Marginal note:Election to not determine

    (3) A company may elect to not determine the fleet average emission value for any emission type for a given model year in respect of a fleet of vehicles if every vehicle in that fleet conforms to the family emission limit that is applicable to that emission type, which must not exceed the applicable standard, referred to in any of sections 20 to 22 as the case may be for vehicles of that model year.

  • Marginal note:Deemed average value

    (4) If a company makes an election under subsection (3), the fleet average emission value for the emission type for which the election was made in respect of that fleet of vehicles for the model year in question is deemed to be equal to that applicable standard.

 
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