Marine Spark-Ignition Engine, Vessel and Off-road Recreational Vehicle Emission Regulations

Version of section 5 from 2011-02-04 to 2018-03-21:


Marginal note:Prescribed engines

  •  (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) A vessel, in which a fuel line or fuel tank is installed, that is designed to be propelled by a prescribed engine is 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;

    • (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; and

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

  • 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.

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