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Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations (SOR/2013-24)

Regulations are current to 2020-09-09 and last amended on 2018-11-16. Previous Versions

Interpretation (continued)

Marginal note:Concurrent sale

 For the purposes of these Regulations, a vehicle, engine or trailer of a given model year that is sold in Canada is considered to be sold concurrently in Canada and in the United States if a vehicle, engine or trailer of that model year that belongs to the same test group, vehicle family, engine family or trailer family is offered for sale in the United States during the 365 days preceding

  • (a) in the case of a vehicle, engine or trailer that is imported into Canada, the day on which it is imported; and

  • (b) in the case of a vehicle, engine or trailer that is manufactured in Canada,

    • (i) the day on which the national emissions mark is applied to the vehicle, engine or trailer, if known, or

    • (ii) if the day referred to in subparagraph (i) is not known, the day on which the main assembly of the vehicle or the manufacture of the engine or the trailer, as the case may be, is completed.

  • SOR/2015-186, s. 61
  • SOR/2018-98, s. 2

Application

Marginal note:Prescribed vehicles, engines and equipment

 These Regulations apply to the vehicles, engines and equipment that are prescribed by subsections 5(1) to (3).

  • SOR/2018-98, s. 2

 [Repealed, SOR/2018-98, s. 2]

Model Year

Marginal note:Model year

  •  (1) Subject to subsection (3), a year that is used by a manufacturer as a model year must,

    • (a) if the period of production of a model of heavy-duty vehicle, heavy-duty engine or trailer does not include January 1 of a calendar year, correspond to the calendar year during which the period of production falls; and

    • (b) if the period of production of a model of heavy-duty vehicle, heavy-duty engine or trailer includes January 1 of a calendar year, correspond to that calendar year.

  • Marginal note:Period of production

    (2) The period of production of a model of heavy-duty vehicle, heavy-duty engine or trailer must include only one January 1.

  • Marginal note:Vocational vehicles and tractors — as of 2021

    (3) For vocational vehicles, incomplete vocational vehicles, tractors and incomplete tractors whose main assembly is completed on or after January 1, 2021, the vehicle’s model year is the calendar year corresponding to the calendar year during which its main assembly is completed. However, a company may choose to designate the vehicle’s model year as being the model year that corresponds to the calendar year before the calendar year during which the vehicle’s main assembly is completed if,

    • (a) in the case of a vehicle whose engine is installed in the United States, the engine’s model year is also from an earlier year in accordance with section 601(a)(2) of Title 40, chapter I, subchapter U, part 1037, subpart G, of the CFR and, if the engine is installed after March 31 of the calendar year during which the vehicle’s main assembly is completed, the company has obtained prior approval from the EPA; and

    • (b) in the case of a vehicle whose engine is installed in Canada,

      • (i) the engine’s model year is also from an earlier year and the standards applicable under these Regulations to engines of that earlier model year are the same as those applicable to engines of a model year that corresponds to the calendar year during which the vehicle’s main assembly is completed; or

      • (ii) the engine’s model year is the model year that corresponds to the calendar year before the calendar year during which the vehicle’s main assembly is completed and the engine is installed before March 31 of the calendar year during which the vehicle’s main assembly is completed.

  • SOR/2018-98, s. 3

Prescribed Classes of Vehicles, Engines and Equipment

[SOR/2018-98, s. 4]

Marginal note:Heavy-duty vehicles

  •  (1) The following classes of vehicles are prescribed for the purposes of the definition vehicle in section 149 of the Act:

    • (a) Class 2B and Class 3 heavy-duty vehicles;

    • (b) vocational vehicles;

    • (c) tractors; and

    • (d) heavy-duty incomplete vehicles.

  • Marginal note:Heavy-duty engines

    (2) Heavy-duty engines are prescribed for the purposes of the definition engine in section 149 of the Act.

  • Marginal note:Trailers

    (2.1) Box van trailers and non-box trailers are prescribed for the purposes of the definition equipment in section 149 of the Act.

  • Marginal note:Exclusion

    (3) The prescribed classes of vehicles, engines and equipment set out in subsections (1), (2) and (2.1), respectively, do not include heavy-duty vehicles, heavy-duty engines or trailers that are to be exported and that are accompanied by written evidence establishing that they will not be sold for use or used in Canada.

  • Marginal note:Transportation within Canada — heavy-duty vehicles

    (4) For the purposes of section 152 of the Act, the prescribed vehicles are the vehicles referred to in subsection (1) for which the main assembly is completed in Canada, other than a vehicle that will be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing.

  • Marginal note:Transportation within Canada — heavy-duty engines

    (5) For the purposes of section 152 of the Act, the prescribed engines are the engines referred to in subsection (2) that are manufactured in Canada, other than

    • (a) an engine that will be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing;

    • (b) an engine that is to be installed in a heavy-duty vehicle before sale to the vehicle’s first retail purchaser; and

    • (c) an engine that is to be installed as a replacement engine in a heavy-duty vehicle that has a national emissions mark applied to it, if the replacement engine is

      • (i) of the same model year as the original engine, and

      • (ii) identical to or better than the original engine with respect to emissions.

  • Marginal note:Transportation within Canada — trailers

    (6) For the purposes of section 152 of the Act, the prescribed equipment is box van trailers and non-box trailers that are manufactured in Canada, other than trailers that will be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing.

  • SOR/2018-98, s. 5

National Emissions Mark

Marginal note:Application

  •  (1) A company that intends to apply a national emissions mark to a vehicle, engine or trailer must apply to the Minister for authorization.

  • Marginal note:Contents of application

    (1.1) The application must be signed by a person who is authorized to act on behalf of the company and must include

    • (a) the name and street address of the company’s head office and, if different, its mailing address;

    • (b) the classes of vehicles, engines or trailers for which the authorization is requested;

    • (c) the street address of the location at which the national emissions mark will be applied to the vehicles, engines or trailers;

    • (d) the street address where the records referred to in section 59 will be maintained; and

    • (e) information demonstrating that the company is capable of verifying compliance with the standards set out in these Regulations.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to a company that, on the day on which these Regulations come into force, is authorized to apply the national emissions mark to a vehicle or engine under the On-Road Vehicle and Engine Emission Regulations.

  • SOR/2018-98, s. 6

Marginal note:National emissions mark

  •  (1) The national emissions mark is the mark set out in the schedule.

  • Marginal note:Dimensions

    (2) The national emissions mark must be at least 7 mm in height and 10 mm in width.

  • Marginal note:Location

    (3) Subject to subsection 11(2), the national emissions mark must be displayed

    • (a) on or immediately beside the U.S. emission control information label or U.S. engine information label referred to in paragraph 53(d);

    • (b) on or immediately beside the compliance label applied in accordance with the Motor Vehicle Safety Regulations; or

    • (c) on or immediately beside the compliance label referred to in section 8, 9 or 9.1, as the case may be.

  • Marginal note:Requirements

    (4) The national emissions mark must be displayed on a label that

    • (a) is permanently applied to the vehicle, engine or trailer;

    • (b) is resistant to or protected against any weather condition; and

    • (c) bears inscriptions that are legible and indelible and that are indented, embossed or in a colour that contrasts with the background of the label.

  • Marginal note:Authorization number

    (5) Subject to subsection (6), a company that has been authorized to apply the national emissions mark must display the authorization number assigned by the Minister in figures that are at least 2 mm in height, immediately below or to the right of the national emissions mark.

  • Marginal note:Exception

    (6) A company is not required to display its authorization number on a vehicle or trailer if

    • (a) the company is authorized by the Minister of Transport to apply the national safety mark in accordance with the Motor Vehicle Safety Act;

    • (b) the company applies both the national emissions mark and the national safety mark to the vehicle or the trailer; and

    • (c) the national emissions mark is displayed on the same label as the national safety mark.

  • SOR/2018-98, s. 7
 
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