Locomotive Emissions Regulations (SOR/2017-121)

Marginal note:Application — sections 4 to 9

• 3 (1) Subject to subsections (2) to (5), sections 4 to 9 apply in respect of a new locomotive for the duration of its useful life if the locomotive is placed into service on or after the day on which these Regulations come into force.

• Marginal note:Exception — locomotive covered by EPA certificate

  (2) If a new locomotive placed into service on or after the day on which these Regulations come into force is covered by an EPA certificate that sets out family emission limits, section 4 applies in respect of the locomotive for the duration of its service life.

• Marginal note:Exception — remanufactured locomotive

  (3) Sections 4 to 9 do not apply in respect of a new locomotive placed into service on or after the day on which these Regulations come into force if the locomotive

  • (a) is a remanufactured locomotive;

  • (b) is operated by a railway company that has realized gross revenues of $30 million or less for the provision of rail transportation services in Canada in each of the two calendar years before the year in which the locomotive is placed into service;

  • (c) is not covered by an EPA certificate; and

  • (d) is operated for the provision of freight rail transportation services or tourist and excursion rail transportation services.

• Marginal note:Exception — nonroad engines

  (4) Sections 4 to 9 do not apply in respect of a new locomotive that is a switch locomotive placed into service on or after the day on which these Regulations come into force if the locomotive

  • (a) is equipped with a nonroad engine within the meaning of the definition of nonroad in section 1033.901 of the CFR;

  • (b) is covered by an EPA certificate issued under Part 89 or Part 1039 of the CFR, as applicable; and

  • (c) is affixed with the EPA locomotive label set out in paragraph 1033.150(e)(4) of the CFR and the EPA engine label set out in section 1039.135 of Part 1039 of the CFR or section 89.110 of Part 89 of the CFR, as applicable.

• Marginal note:Exception — incidental operations

  (5) Sections 4 to 9 do not apply in respect of a new locomotive placed into service on or after the day on which these Regulations come into force if the locomotive is operated by a railway company as part of incidental operations.