Multi-Sector Air Pollutants Regulations (SOR/2016-151)

Marginal note:Non-application — new owners

• 48 (1) Subject to subsection (3), this Part does not apply in respect of a pre-existing engine to an owner of it for a period of at most 275 days after the date on which they become its owner, if

  • (a) that date occurs after March 31, 2020; and

  • (b) before that date, the pre-existing engine has never been equipped with an emission control system that ensures that its NO_x emission intensity is at most 525 ppmvd_15% or 10 g/kWh.

• Marginal note:End of period of non-application

  (2) The period of non-application under subsection (1) ends on the first day that is within those 275 days on which the following conditions are met:

  • (a) the engine is equipped with an emission control systems referred to in paragraph (1)(b);

  • (b) the owner assigns a NO_x emission value of at most 525 ppmvd_15% or 10 g/kWh to the engine, in the case that they are subject to a limit referred to in section 60; and

  • (c) the owner registers the engine in the engine registry in accordance with subsection 97(3) or (4).

• Marginal note:No period of non-application

  (3) There is no period of non-application under subsection (1) if the conditions set out in subsection (2) are not met within those 275 days.

Marginal note:Synthetic gas and still gas

49 Sections 54, 55, 57 and 58, paragraph 59(1)(b) and section 68 do not apply in respect of an engine — for any period during which the fuel combusted consists of more than 50% synthetic gas, still gas or any combination of those gases — if records are kept that establish, based on a calculation of the mass flow, that the fuel combusted in that period consists of that proportion of those gases.

General

Marginal note:Regular-use engines

50 Every engine that has operated for at least one hour during a year is a regular-use engine unless an election is in effect to have the engine be low-use.

Marginal note:Low-use engines — election

• 51 (1) The election is made when a responsible person for the engine provides to the Minister a notice of the election for inclusion in the engine registry that specifies the year as of which the election takes effect, which may be

  • (a) the year in which the notice is provided, if the number of hours that the engine was operating — while they were a responsible person for that engine — in that year before the sending of the notice is recorded; or

  • (b) a year subsequent to the year in which the notice is provided.

• Marginal note:Obligations under an election

  (2) An engine for which an election is in effect must

  • (a) have a non-resettable hour meter, another non-resettable device or a SCADA system to determine the number of hours that the engine operates installed

    • (i) by the day on which the notice is provided, if the election takes effect in the year in which the notice is provided, and

    • (ii) by January 1 of the year as of which the election is to take effect, in any other case;

  • (b) have the meter, device or SCADA system operating continuously, other than during periods when it is undergoing normal servicing or timely repairs, as of the day referred to in subparagraph (a)(i) or (ii), whichever applies;

  • (c) if a non-resettable hour meter or another non-resettable device is installed, have readings taken from the meter or device that are recorded along with the dates of the readings and the serial number — or, if the serial number is not known or cannot be obtained, the unique alphanumeric identifier — make and model of the engine within the shortest feasible period before or after

    • (i) the day on which the notice is provided, if the election takes effect in the year in which the notice is provided,

    • (ii) every subsequent January 1, and

    • (iii) the day on which the election ceases to be in effect;

  • (d) if a SCADA system is installed, have a record made — as of the day referred to in subparagraph (a)(i) or (ii), whichever applies, and until the day on which the election ceases to be in effect — from the SCADA system at least once every 30 days that contains

    • (i) data, taken every five minutes, that is used to determine the number of hours that the engine has operated,

    • (ii) the dates on which that data was taken, and

    • (iii) data that can be used to identify the serial number — or, if the serial number is not known or cannot be obtained, the unique alphanumeric identifier — make and model of the engine; and

  • (e) for each period of three consecutive years that begins with the year as of which the election takes effect, operate, excluding any hour of operation during an emergency, for fewer than 1,314 hours, as determined based on the records referred to in paragraph (c) or (d) and, if applicable, paragraph (1)(a).

• Marginal note:Election ceases to be in effect

  (3) An election ceases to be in effect if

  • (a) the engine does not meet one of the requirements set out in paragraphs (2)(a) to (e); or

  • (b) a responsible person for the engine provides the Minister with a notice to that effect for inclusion in the engine registry.

• Marginal note:Re-election

  (4) Nobody who is a responsible person for the engine when an election ceases to be in effect may re-elect to have the engine be low-use before January 1 of the year that begins at least three years after that election took effect.

Marginal note:Designation as rich-burn engine

• 52 (1) An engine that is designated by its manufacturer as being a rich-burn engine is presumed to be a rich-burn engine.

• Marginal note:Rebuttal — lean-burn engine

  (2) The presumption is rebutted if the responsible person for the engine establishes that the oxygen content in the exhaust gas, before any dilution, is at least 4%, determined by volume on a dry basis.

Marginal note:Applicable units — NO_x emission intensity limit

53 The applicable NO_x emission intensity limit for an engine referred to in section 54, 57 or 58 or paragraph 59(1)(b) is the limit that is expressed in

• (a) the same units, ppmvd_15% or g/kWh, that were used to determine the NO_x emission intensity of the engine for the most recent performance test conducted under section 77 or 78; or

• (b) ppmvd_15%, in the absence of a prior performance test or if the units that were used to make the determination for that most recent performance test are not known.

Modern Engines

Marginal note:Regular-use — limit

54 The NO_x emission intensity of a modern engine that is regular-use and has a rated brake power of at least 75 kW must not exceed the limit of 160 ppmvd_15% or 2.7 g/kWh, whichever applies.

Marginal note:Low-use — limit

55 The NO_x emission intensity of a modern engine that is low-use and has a rated brake power of at least 100 kW must not exceed the limit of 160 ppmvd_15%.

Pre-existing Engines

Groups

Marginal note:Establishment

• 56 (1) For the purposes of sections 58 to 68, a responsible person for pre-existing engines that are regular-use and have a rated brake power of at least 250 kW establishes their group by designating which of those engines is to belong to the group.

• Marginal note:One group

  (2) A responsible person may have at most one group.

• Marginal note:Designation date

  (3) An engine is designated as belonging to a responsible person’s group as of

  • (a) the date on which the responsible person became an owner of the engine if, within 90 days after that date, they make a record that contains the following information:

    • (i) that date,

    • (ii) the engine’s serial number or, if the serial number is not known or cannot be obtained, the engine’s unique alphanumeric identifier,

    • (iii) the date on which the record was made, and

    • (iv) an indication that the engine belongs to the group; and

  • (b) in any other case, the date on which the responsible person makes a record that contains the following information:

    • (i) the engine’s serial number — or, if the serial number is not known or cannot be obtained, the engine’s unique alphanumeric identifier ,

    • (ii) the date on which the record was made, and

    • (iii) an indication that the engine belongs to the group.

• Marginal note:Ceasing to belong

  (4) An engine that belongs to a responsible person’s group ceases to belong to the group if

  • (a) the engine ceases to be a regular-use engine; or

  • (b) the responsible person cancels its designation as belonging to their group by making a record of the engine’s serial number or, if the serial number is not known or cannot be obtained, the engine’s unique alphanumeric identifier , along with the date of the cancellation.

• Marginal note:Deemed not belonging to any group

  (5) An engine that has been designated as belonging to more than one group is deemed not to belong to any group.

NO_x Emission Intensity Limits

Marginal note:Engines not belonging to a group

57 The NO_x emission intensity of a pre-existing engine that is regular-use, has a rated brake power of at least 250 kW and does not belong to any group must not exceed the limit of 210 ppmvd_15% or 4 g/kWh, whichever applies.

Marginal note:Engines belonging to a group after 2025

58 Subject to section 60, as of January 1, 2026, the NO_x emission intensity of an engine that belongs to a group must not exceed the limit of 210 ppmvd_15% or 4 g/kWh, whichever applies.

Marginal note:Engines belonging to a group from 2021 to 2025

• 59 (1) Subject to section 60, in the period that begins on January 1, 2021 and ends on December 31, 2025, within each group of engines there must be a subset of engines that has the following characteristics:

  • (a) the total rated brake power of the engines that belong to the subset is at least 50% of the total rated brake power of the engines that belong to the group; and

  • (b) the NO_x emission intensity of each engine that belongs to the subset does not exceed the limit of 210 ppmvd_15% or 4 g/kWh, whichever applies.

• Marginal note:Ceasing to belong

  (2) For the purpose of paragraph (1)(a), even if an engine that has been registered under subsection 97(3) ceases to belong to the group, its rated brake power may be included in the total rated brake power of both the subset referred to in paragraph (1)(a) and the group.

Yearly Average NO_x Emission Intensity Limits — on Election

Marginal note:After 2025 and from 2021 to 2025

60 A responsible person who makes an election in accordance with subsection 61(1) to opt out of the application of section 58 or 59 must — for each year after 2020 that follows the making of the election — ensure that the yearly average NO_x emission intensity of each subgroup that they establish under section 65 does not exceed the following limit:

• (a) 210 ppmvd_15% or 4 g/kWh, whichever applies, for years after 2025; or

• (b) 421 ppmvd_15% or 8 g/kWh, whichever applies, for the years 2021 to 2025.

Marginal note:Election

• 61 (1) The responsible person must — by the October 31 immediately before the first year in respect of which the limit referred to in section 60 is to apply — make the election by providing the Minister with the following information for inclusion in the engine registry for each subgroup that they establish under section 65:

  • (a) the serial number — or, if the serial number is not known or cannot be obtained, the unique alphanumeric identifier — of each pre-existing engine and replacement unit that belongs to the subgroup; and

  • (b) each NO_x emission value, if any, that is assigned under section 67 to a pre-existing engine, or a replacement unit that is a modern engine, that belongs to the subgroup.

• Marginal note:Yearly average NO_x emission intensity

  (2) The yearly average NO_x emission intensity of a subgroup for a year is determined by the formula

  Σ_iΣ_j(E_ij ×P_i × T_ij)/Σ_iΣ_j(P_i × T_ij)

  where

  E_ij

  is the jth NO_x emission value, expressed in ppmvd_15% or g/kWh, assigned under subsection 66(1) or 67(1) to the ith engine or replacement unit that belongs to the subgroup;

  P_i

  is the rated brake power, expressed in kW, of the ith engine or replacement unit that belongs to the subgroup;

  T_ij

  is — excluding any period referred to in section 49 —

  • (a) the number of hours during the year that the ith engine or replacement unit operated while it belonged to the subgroup and had an assigned NO_x emission value of E_ij, or

  • (b) the number of days during the year that the ith engine or replacement unit operated at any time during a day while it belonged to the subgroup and had an assigned NO_x emission value of E_ij, if T_ij is determined under this paragraph for all the engines and replacement units that belong to the subgroup;

  i

  is the ith engine or replacement unit that belongs to the subgroup, where i goes from 1 to m and where m is the number of those engines and replacement units that belong to the subgroup; and

  j

  is the jth assignment under subsection 66(1) or 67(1) of a NO_x emission value to the ith engine or replacement unit that belongs to the subgroup, where j goes from 1 to n and where n is the number of assignments of NO_x emission values under those subsections to that engine or replacement unit during the year.

• Marginal note:Number of hours

  (3) The number of hours during a year referred to in paragraph (a) of the description of T_ij in subsection (2) must be determined

  • (a) by means of a non-resettable hour meter, or another non-resettable device, installed on the ith engine or replacement unit to take readings that are recorded along with the dates of the readings and the serial number — or, if the serial number is not known or cannot be obtained, the unique alphanumeric identifier — make and model of the engine within the shortest feasible period before or after

    • (i) January 1 of that year,

    • (ii) January 1 of the year after that year,

    • (iii) the date of any change in the NO_x emission value assigned to the ith engine under subsection 66(1) or 67(1),

    • (iv) the date on which the ith engine or replacement unit is designated as belonging to the subgroup, and

    • (v) the date on which the ith engine or replacement unit ceases to belong to the group;

  • (b) by means of a log of operations used to make a record in respect of the ith engine or replacement unit at least once every 30 days during that year that contains

    • (i) data related to the number of hours that it has operated on each day since any previous record,

    • (ii) the dates of those days,

    • (iii) its make, model and serial number or, if the serial number is not known or cannot be obtained, unique alphanumeric identifier, and

    • (iv) the initials of the person making the record; or

  • (c) by means of a SCADA system used to make a record in respect of the ith engine or replacement unit at least once every 30 days during that year that contains

    • (i) data that is taken every 15 minutes and used to determine the number of hours that it has operated,

    • (ii) the dates on which that data was taken, and

    • (iii) data that can be used to identify its make, model and serial number or, if the serial number is not known or cannot be obtained, unique alphanumeric identifier.

• Marginal note:Continuous operation

  (4) The non-resettable hour meter, the other non-resettable device or the SCADA system must operate continuously, other than during periods when it is undergoing normal servicing or timely repairs.