Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  Act

  Act means the Canadian Environmental Protection Act, 1999. (Loi)

  adjustable parameter

  adjustable parameter means a device, a system or an element of design that is capable of being adjusted to affect the emissions or performance of an engine during emission testing or normal in-use operation, but does not include a device, a system or an element of design that is permanently sealed by the engine manufacturer or that is inaccessible using ordinary tools. (paramètre réglable)

  CFR

  CFR means chapter I of Title 40 of the Code of Federal Regulations of the United States. (CFR)

  CFR 60

  CFR 60 means subchapter C, part 60, of the CFR, as amended from time to time. (CFR 60)

  CFR 86

  CFR 86 means subchapter C, part 86, of the CFR, as amended from time to time. (CFR 86)

  CFR 89

  CFR 89 means subchapter C, part 89, of the CFR, as it existed on July 1, 2020. (CFR 89)

  CFR 94

  CFR 94 means subchapter C, part 94, of the CFR, as it existed on July 1, 2020. (CFR 94)

  CFR 1039

  CFR 1039 means subchapter U, part 1039, of the CFR, as amended from time to time. (CFR 1039)

  CFR 1042

  CFR 1042 means subchapter U, part 1042, of the CFR, as amended from time to time. (CFR 1042)

  CFR 1048

  CFR 1048 means subchapter U, part 1048, of the CFR, as amended from time to time. (CFR 1048)

  CFR 1051

  CFR 1051 means subchapter U, part 1051, of the CFR, as amended from time to time. (CFR 1051)

  CFR 1054

  CFR 1054 means subchapter U, part 1054, of the CFR, as amended from time to time. (CFR 1054)

  CFR 1060

  CFR 1060 means subchapter U, part 1060, of the CFR, as amended from time to time. (CFR 1060)

  CFR 1068

  CFR 1068 means subchapter U, part 1068, of the CFR, as amended from time to time. (CFR 1068)

  complete fuel system

  complete fuel system means a fuel system that is attached to an engine and that consists of fuel lines and at least one fuel tank. (système complet d’alimentation en carburant)

  compression-ignition engine

  compression-ignition engine means an engine that operates as a reciprocating internal combustion engine other than an engine that operates under characteristics significantly similar to the theoretical Otto combustion cycle or uses a spark plug or other sparking device. (moteur à allumage par compression)

  crankcase emissions

  crankcase emissions means substances that are emitted into the atmosphere from any portion of the crankcase ventilation or lubrication systems of an engine and that cause air pollution. (émissions du carter)

  element of design

  element of design, in respect of an engine, means

  • (a) any control system, including computer software, electronic control systems and computer logic;

  • (b) any control system calibrations;

  • (c) the results of systems interaction; or

  • (d) any hardware items. (élément de conception)

  emergency machine

  emergency machine means a machine that is designed

  • (a) to be used exclusively for aircraft rescue or to fight fires at airports;

  • (b) primarily to fight wildfires, including a vehicle that is designed to be equipped with an auxiliary fire-fighting machine; or

  • (c) to be used exclusively in emergency situations. (machine de première intervention)

  emergency situation

  emergency situation means any situation in which there is a direct or indirect risk of loss of human life. (situation d’urgence)

  emission control system

  emission control system means any device, system or element of design that controls or reduces the emissions from an engine. (système antipollution)

  emission family

  emission family means,

  • (a) in respect of a company’s engines that are covered by an EPA certificate, the grouping that is specified in the EPA certificate;

  • (b) in respect of any fuel lines and fuel tanks that form part of a complete fuel system and that are covered by one or more EPA certificates, the grouping that is specified in the EPA certificates;

  • (c) in respect of a company’s engines other than those referred to in paragraph (a), the grouping determined in accordance with,

    • (i) in the case of mobile compression-ignition engines — other than those referred to in subparagraph (iii) — and large spark-ignition engines that meet the alternative standards referred to in section 19 of these Regulations, section 230, subpart C, of CFR 1039 and, if the engine conforms to the alternative standards referred to in section 14 of these Regulations, section 645(c), subpart G, of CFR 1039,

    • (ii) in the case of stationary compression-ignition engines that have a per-cylinder displacement of

      • (A) more than 10 L, section 230, subpart C, of CFR 1042 or, in the case of an engine that conforms to the alternative standards referred to in subsection 16(1) or (3) of these Regulations, section 204(a) to (c), of subpart C, of CFR 94, and

      • (B) 10 L or less, section 230, subpart C, of CFR 1039 or, in the case of an engine that conforms to the alternative standards referred to in subsection 16(1) or (3) of these Regulations, section 116(a) to (d), of subpart B, of CFR 89,

    • (iii) in the case of mobile compression-ignition engines that are or will be installed in recreational vehicles, section 230, subpart C, of CFR 1051, and

    • (iv) in the case of large spark-ignition engines — other than those that meet the alternative standards referred to in section 19 of these Regulations — section 230, subpart C, of CFR 1048; or

  • (d) in respect of any fuel lines and fuel tanks that form part of a complete fuel system other than those referred to in paragraph (b), the grouping determined in accordance with section 230, subpart C, of CFR 1060. (famille d’émissions)

  EPA

  EPA means the United States Environmental Protection Agency. (EPA)

  EPA certificate

  EPA certificate means a certificate of conformity to United States federal standards issued by the EPA. (certificat de l’EPA)

  evaporative emissions

  evaporative emissions means fuel compounds that are emitted into the atmosphere from an engine that is fuelled with volatile liquid fuel, other than exhaust emissions, crankcase emissions and smoke emissions. (émissions de gaz d’évaporation)

  exhaust emissions

  exhaust emissions means substances emitted into the atmosphere from any opening downstream from the exhaust port of an engine. (émissions de gaz d’échappement)

  fire-pump engine

  fire-pump engine means a stationary internal combustion engine that is certified by the National Fire Protection Association and designed to be used in emergency situations to provide power to pump water for fire suppression or prevention. (moteur de pompe à incendie)

  fuel line

  fuel line means hose, tubing and primer bulbs containing or exposed to liquid fuel — including moulded hose, tubing and primer bulbs — that transport fuel to or from an engine, excluding

  • (a) fuel tank vent lines;

  • (b) segments of hose or tubing in which the external surface is normally exposed to liquid fuel inside the fuel tank; and

  • (c) primer bulbs that contain liquid fuel only for priming the engine before starting. (conduite d’alimentation en carburant)

  fuel tank

  fuel tank means a tank that is equipped with a cap and designed to hold fuel. (réservoir de carburant)

  hazardous location

  hazardous location means any location in which an explosive gas atmosphere — as defined in section 18-002 of the most recent version of the Canadian Standards Association standard C22.1, Canadian Electrical Code, Part 1 — is or may be present. (emplacement dangereux)

  large spark-ignition engine

  large spark-ignition engine means an engine that

  • (a) operates under characteristics significantly similar to the theoretical Otto combustion cycle;

  • (b) uses a spark plug or other sparking device; and

  • (c) develops more than 19 kW of power measured at the crankshaft, or its equivalent, when equipped only with standard accessories that are necessary for its operation. (gros moteur à allumage commandé)

  machine

  machine means anything that is powered by an engine. (machine)

  mobile

  mobile, in respect of an engine, means any engine that is designed to be used in or on a machine that is designed to be mobile. (mobile)

  model year

  model year means the year, as determined under section 4, that is used by a manufacturer to designate a model of engine. (année de modèle)

  remote location

  remote location means a geographic area that is serviced neither by

  • (a) an electrical distribution network that is under the jurisdiction of the North American Electric Reliability Corporation or the main Newfoundland and Labrador electrical distribution networks; nor

  • (b) a natural gas distribution network. (région éloignée)

  replacement engine

  replacement engine, subject to subsection 25(4), means an engine that is manufactured to replace the engine of a machine for which no engine exists that

  • (a) conforms to the applicable standards referred to in sections 10 to 23;

  • (b) has the physical or performance characteristics necessary for the operation of the machine; and

  • (c) is manufactured by the manufacturer of the original engine or the replacement engine. (moteur de remplacement)

  smoke emissions

  smoke emissions means substances in exhaust emissions that prevent the transmission of light. (émissions de fumée)

  stationary

  stationary, in respect of an engine, means any engine that is designed to be used in or on a machine that is designed to be stationary. (fixe)

  transportation refrigeration unit

  transportation refrigeration unit means a refrigeration system that is powered by an engine — other than an engine that meets the criteria set out in any of sections 645(f)(1) to (4), subpart G, of CFR 1039 — and that is designed to control the temperature of products that are transported in rolling stock, vehicles or trailers. (dispositif frigorifique de transport)

  unique identification number

  unique identification number means a number, consisting of Arabic numerals, Roman letters or both, that the manufacturer assigns to the engine for identification purposes. (numéro d’identification unique)

  useful life

  useful life means the period of time or use in respect of which an emission standard applies to an engine, as set out in subsection 10(2), 11(3), 12(2), 13(2), 14(2), 15(2), 16(4) or 18(5), as the case may be. (durée de vie utile)

  volatile liquid fuel

  volatile liquid fuel means any fuel that is a liquid at atmospheric pressure and has a Reid vapour pressure greater than 13.79 kPa. (carburant liquide volatil)

• Marginal note:Incorporation by reference

  (2) Standards that are incorporated by reference in these Regulations from the CFR are those expressly set out in the CFR and must be read as excluding

  • (a) references to the EPA or its Administrator exercising discretion;

  • (b) alternative standards or exceptions related to the averaging, banking and trading of emission credits, to small volume manufacturers or to financial hardship; and

  • (c) standards or evidence of conformity of any authority other than the EPA.

• Marginal note:Terms used in CFR

  (3) For the purposes of these Regulations, a reference in the CFR to

  • (a) “nonroad vehicle” or “nonroad equipment” is to be read as a reference to “machine”;

  • (b) “engine family” is to be read as a reference to “emission family”;

  • (c) “nonroad engine” is to be read as a reference to “off-road engine”; and

  • (d) “certified emissions life” is to be read as a reference to “useful life”.

• Marginal note:Interpretation of standards

  (4) The standards set out in the CFR that are referred to in these Regulations are the certification, in-use and field-testing standards and the test procedures, fuels and calculation methods referred to in CFR 60, CFR 89, CFR 94, CFR 1039, CFR 1042, CFR 1048, CFR 1051, CFR 1054, CFR 1060 or CFR 1068, as the case may be, for the model year in question.

Marginal note:Concurrent sale

2 For the purposes of these Regulations, an engine that is sold in Canada is considered to be sold concurrently in Canada and in the United States if an engine that belongs to the same emission family — or to the same emission families in the case of an engine that is subject to evaporative emission standards and belongs to more than one emission family — is offered for sale in the United States during the 365 days preceding

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

• (b) in the case of an engine that is manufactured in Canada,

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

  • (ii) if the day referred to in subparagraph (i) is not known, the day on which the manufacture of the engine was completed.

Application

Marginal note:Prescribed engines

3 These Regulations apply in respect of the engines that are prescribed under section 5.

Model Year

Marginal note:Model year

• 4 (1) A year that is used by a manufacturer of an engine as a model year must

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

  • (b) if the period of production of a model of engine includes January 1 of a calendar year, correspond to that calendar year.

• Marginal note:Limitation

  (2) The period of production must not include more than one January 1.

• Marginal note:Imported engines

  (3) If an engine that is imported does not bear the engine’s date of manufacture, its model year corresponds to the calendar year during which it is imported.

Prescribed Engines

Marginal note:Section 149 of Act — definition engine

• 5 (1) Mobile or stationary compression-ignition engines or mobile large spark-ignition engines — including those that have a complete fuel system — are prescribed for the purposes of the definition engine in section 149 of the Act unless they

  • (a) are regulated under the On-Road Vehicle and Engine Emission Regulations;

  • (b) are or will be installed in a vehicle that is regulated under the On-Road Vehicle and Engine Emission Regulations and are intended to propel such a vehicle;

  • (c) are or will be installed in an auxiliary power unit, as defined in subsection 1(1) of the On-Road Vehicle and Engine Emission Regulations, that is or will be installed in a tractor that is regulated under those Regulations;

  • (d) are regulated under the Marine Spark-ignition Engine, Vessel and Off-road Recreational Vehicle Emission Regulations;

  • (e) are or will be installed in a vehicle that is regulated under the Marine Spark-ignition Engine, Vessel and Off-road Recreational Vehicle Emission Regulations and are intended to propel such a vehicle;

  • (f) are designed exclusively for competition and

    • (i) have performance characteristics that are substantially superior to non-competitive engines,

    • (ii) are not displayed for sale in any public dealership or otherwise offered for sale to the general public, and

    • (iii) bear a label that meets the requirements set out in section 34 and

      • (A) sets out the statement “COMPETITION ENGINE / MOTEUR DE COMPÉTITION”, or

      • (B) meets the requirements set out in section 620, subpart G, of CFR 1039 or, in accordance with section 630, subpart G, of CFR 1048, section 620, subpart G, of CFR 1054, as the case may be;

  • (g) are designed to be used exclusively in a military machine that is designed for use in combat or combat support during military activities only, including reconnaissance missions, rescue missions and training missions, and bear

    • (i) a label to that effect that meets the requirements set out in section 34 and sets out the statement “THIS ENGINE IS DESIGNED TO BE USED EXCLUSIVELY IN MILITARY MACHINES DESIGNED EXCLUSIVELY FOR USE IN COMBAT OR COMBAT SUPPORT DURING MILITARY ACTIVITIES / CE MOTEUR EST CONÇU POUR ÊTRE UTILISÉ EXCLUSIVEMENT DANS DES MACHINES MILITAIRES CONÇUES EXCLUSIVEMENT POUR ÊTRE UTILISÉES DANS LE CADRE D’OPÉRATIONS MILITAIRES DE COMBAT OU D’APPUI TACTIQUE”, or

    • (ii) the United States emission control information label referred to in section 225(e), subpart C, of CFR 1068;

  • (h) are to be exported, will not be used or sold for use in Canada and bear a label that meets the requirements set out in section 34 and sets out the statement “FOR EXPORT, NOT FOR USE OR SALE FOR USE IN CANADA / POUR EXPORTATION, NE DOIT PAS ÊTRE UTILISÉ AU CANADA NI VENDU POUR ÊTRE UTILISÉ AU CANADA”;

  • (i) are regulated under the Multi-Sector Air Pollutants Regulations and bear a label that meets the requirements set out in section 34 and sets out the statement “THIS ENGINE IS REGULATED UNDER THE Multi-Sector Air Pollutants Regulations AND WILL BE USED IN A FACILITY LISTED IN SUBSECTION 46(4) OF THOSE REGULATIONS / CE MOTEUR EST RÉGLEMENTÉ PAR LE Règlement multisectoriel sur les polluants atmosphériques ET SERA UTILISÉ DANS UNE INSTALLATION ÉNUMÉRÉE AU PARAGRAPHE 46(4) DE CE RÈGLEMENT”;

  • (j) have a displacement of 1 000 cm³ or less, a gross engine power of 30 kW or less and meet the requirements that are applicable under the Off-Road Small Spark-Ignition Engine Emission Regulations to an engine of the same model year that is designed to be used in a non-handheld machine;

  • (k) are compression-ignition engines and

    • (i) have a per-cylinder displacement of less than 50 cm³,

    • (ii) are designed to be used in underground mines, but may also be used above ground at those mines, and are certified by

      • (A) the Canada Centre for Mineral and Energy Technology, or

      • (B) the Mine Safety and Health Administration of the United States in accordance with Title 30, chapter I, subchapter B, part 7, subpart E of the Code of Federal Regulations of the United States or Title 30, chapter I, subchapter B, part 36, of the Code of Federal Regulations of the United States,

    • (iii) are designed to be installed in a vessel that has an integrated fuel, cooling or exhaust system, or

    • (iv) are stationary, have a per-cylinder displacement of 30 L or more and bear

      • (A) a label that meets the requirements set out in section 34 and sets out the statement “STATIONARY ENGINE WITH A DISPLACEMENT OF 30 L/CYLINDER OR MORE; NOT SUBJECT TO EMISSIONS STANDARDS UNDER THE CANADIAN REGULATIONS ENTITLED Off-road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engine Emission Regulations / MOTEUR FIXE AYANT UNE CYLINDRÉE DE 30 L OU PLUS; NON ASSUJETTI AUX NORMES D’ÉMISSIONS PRÉVUES PAR LE RÈGLEMENT CANADIEN INTITULÉ Règlement sur les émissions des moteurs hors route à allumage par compression (mobiles et fixes) et des gros moteurs hors route à allumage commandé”, or

      • (B) the applicable United States emission control information label referred to in section 4210, subpart IIII, of CFR 60; or

  • (l) are large spark-ignition engines, are or will be installed in or on an emergency machine and bear a label that meets the requirements set out in section 34 and sets out the statement “LARGE SPARK-IGNITION ENGINE FOR USE IN OR ON AN EMERGENCY MACHINE ONLY / GROS MOTEUR À ALLUMAGE COMMANDÉ POUR UTILISATION DANS OU SUR UNE MACHINE DE PREMIÈRE INTERVENTION SEULEMENT”.

• Marginal note:Section 152 of Act

  (2) For the purposes of section 152 of the Act, the prescribed engines are those referred to in subsection (1) that are manufactured in Canada other than

  • (a) engines that

    • (i) are covered by an EPA certificate,

    • (ii) are sold concurrently in Canada and the United States, and

    • (iii) had their manufacture completed in Canada by the addition of

      • (A) an emission control system for exhaust emissions, or part of such a system, in a manner that conforms to the certificate and the certificate holder’s installation instructions, or

      • (B) a complete fuel system, or part of such a system, in a manner that conforms to the certificate and the certificate holder’s installation instructions; and

  • (b) engines that are to be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing.

• Marginal note:Section 154 of Act

  (3) The classes of engines that are prescribed for the purposes of section 154 of the Act are those that are prescribed under subsection (1).

Engine Standards

General Standards

Marginal note:Evaporative emission standards — application

6 The evaporative emission standards referred to in these Regulations apply in respect of engines that have a complete fuel system with non-metallic fuel lines or fuel tanks and that are fuelled with volatile liquid fuels.

Marginal note:Emission control system — requirements

• 7 (1) An emission control system that is installed on an engine to enable it to conform to the standards set out in these Regulations must not

  • (a) in its operation, release a substance that causes air pollution and that would not have been released if the system had not been installed; or

  • (b) in its operation or malfunction, make the engine or the machine in which the engine is installed unsafe, or endanger persons or property near the engine or machine.

• Marginal note:Defeat device

  (2) An engine must not be equipped with an auxiliary emission control device that reduces the effectiveness of the emission control system under conditions that may reasonably be expected to be encountered under normal operation of the engine, unless a description of the auxiliary emission control device is included in the evidence of conformity under section 40 or 41 and

  • (a) the conditions under which the auxiliary emission control device operates are substantially included in the test procedures referred to in subsection 1(4);

  • (b) the auxiliary emission control device is needed to protect the engine against damage or accident;

  • (c) the auxiliary emission control device is only used to start the engine;

  • (d) the auxiliary emission control device is installed in a compression-ignition engine that is designed to power an emergency machine and is activated during emergency response operations to maintain speed, torque or power in either of the following circumstances:

    • (i) the emission control system is in an abnormal state, or

    • (ii) the device acts to maintain the emission control system in a normal state; or

  • (e) the auxiliary emission control device is installed in a compression-ignition engine other than one referred to in paragraph (d) and the following criteria are met:

    • (i) the auxiliary emission control device

      • (A) is designed to prevent the operation of the emission control system only to the extent necessary to allow the engine to meet the demands of an emergency situation,

      • (B) is accompanied by a notice in writing discouraging improper use of the auxiliary emission control device,

      • (C) is designed so that it can only operate for a maximum of 120 hours in total before it has to be reset,

      • (D) is designed so that it can only be reset to reestablish the time limit referred to in clause (C) by the input of a temporary code, the reconfiguration of the engine’s electronic control module or the use of another secure feature that is unique to each engine, and

      • (E) is designed so that its operation can be manually stopped, and

    • (ii) the engine on which the auxiliary emission control device is installed is designed to electronically record the number of times the auxiliary emission control device is used.

• Marginal note:Standards

  (3) Subject to subsection 11(2), if a compression-ignition engine is equipped with an auxiliary emission control device referred to in subsection (2) that meets the requirements set out in paragraph (2)(d) or (e), the engine and the diagnostic system with which it is equipped are not required to conform to the following standards when the auxiliary emission control device is operating:

  • (a) in the case of the engine, the standards referred to in sections 10 to 16; and

  • (b) in the case of the diagnostic system, the standards referred to in section 17.

Marginal note:Adjustable parameters — requirements

• 8 (1) Engines equipped with adjustable parameters must conform to the applicable standards under these Regulations for any specification within the physically adjustable range.

• Marginal note:Engines using non-commercial fuel

  (2) Subsection (1) does not apply to an engine that is designed to operate using fuel that is not generally offered for sale in Canada if the engine is adjusted in accordance with the manufacturer’s instructions referred to in subsection 36(2) and conforms to the applicable standards under these Regulations for those specifications.

Marginal note:Alternative test procedures

• 9 (1) Despite subsection 1(4), a company may, instead of using the test procedures set out in CFR 60 in respect of their stationary compression-ignition engines, replace one or more of those test procedures with alternative test procedures that have parameters and specifications that are equivalent to or more stringent than the parameters and specifications of the test procedures set out in CFR 60.

• Marginal note:Published test procedures

  (2) The alternative test procedures referred to in subsection (1) must be included in a test procedure published by

  • (a) the government of a state or of a political subdivision of a state, or an institution of a state or of a political subdivision of a state;

  • (b) an international organization of states or an international organization that is established by the governments of states, or an institution of any of those international organizations; or

  • (c) an organization that develops test procedures based on consensus and that is internationally recognized as being competent to establish those test procedures.

• Marginal note:Equivalence

  (3) A company that uses alternative test procedures under subsection (1) must, as part of the evidence of conformity under section 40 or 41, as the case may be, include evidence demonstrating that the alternative test procedures have parameters and specifications that are equivalent to or more stringent than the parameters and specifications of the test procedures set out in CFR 60.

Compression-Ignition Engine Standards

Emission Standards

Marginal note:Emission standards — mobile engines

• 10 (1) Subject to sections 12 to 15 and 22 and 23, a mobile compression-ignition engine must conform to

  • (a) the exhaust emission standards set out in sections 101(a) to (c) and (e) and (f), subpart B, of CFR 1039;

  • (b) the crankcase emission standards set out in section 115(a), subpart B, of CFR 1039;

  • (c) the smoke emission standards set out in section 105, subpart B, of CFR 1039; and

  • (d) the evaporative emission standards set out in sections 105(a), (c) and (d), subpart B, of CFR 1048 for large spark-ignition engines.

• Marginal note:Useful life

  (2) The standards referred to in subsection (1) apply for the useful life of the engine, as specified

  • (a) in the case of the standards referred to in paragraphs (1)(a) to (c), in section 101(g), subpart B, of CFR 1039; and

  • (b) in the case of the standards referred to in paragraph (1)(d), in section 105, subpart B, of CFR 1048.

Marginal note:Emission standards — stationary engines

• 11 (1) Subject to sections 15, 16 and 23, a stationary compression-ignition engine must conform to the emission standards set out in sections 4201(a), (c) and (e)(2), subpart IIII, of CFR 60.

• Marginal note:Auxiliary emission control device

  (2) An engine referred to in subsection (1) that is equipped with an auxiliary emission control device referred to in subsection 7(2) that meets the requirements set out in paragraph 7(2)(d) or (e) must conform to the emission standards set out in section 4210(j), subpart IIII, of CFR 60 when the auxiliary emission control device is operating.

• Marginal note:Useful life

  (3) The standards referred to in subsection (1) apply for the applicable useful life, as follows:

  • (a) for engines that have a per-cylinder displacement of less than 10 L,

    • (i) for engines that have a gross power of less than 19 kW, a period of 3000 hours of operation or five years of use, whichever occurs first, or the useful life referred to in section 101(g), subpart B, of CFR 1039,

    • (ii) for constant speed engines that have a gross power of 19 kW or more but less than 37 kW and a rated speed of 3000 rpm or more, a period of 3000 hours of operation or five years of use, whichever occurs first, or the useful life referred to in section 101(g), subpart B, of CFR 1039,

    • (iii) for engines, other than those referred to in subparagraph (ii), that have a gross power of 19 kW or more but less than 37 kW, a period of 5000 hours of operation or seven years of use, whichever occurs first, or the useful life referred to in section 101(g), subpart B, of CFR 1039, and

    • (iv) for engines that have a gross power of 37 kW or more, a period of 8000 hours of operation or 10 years of use, whichever occurs first, or the useful life referred to in section 101(g), subpart B, of CFR 1039; and

  • (b) for engines that have a per-cylinder displacement of 10 L or more but less than 30 L, a period of 20,000 hours of operation or 10 years of use, whichever occurs first, or the useful life referred to in section 101(e), subpart B, of CFR 1042.

Alternative Emission Standards for Certain Types of Engines

Marginal note:Mobile engines used in remote locations

• 12 (1) A mobile compression-ignition engine that is to be used exclusively to provide a primary source of electrical power in a remote location may, instead of conforming to the emission standards set out in section 10, conform to the emission standards set out in

  • (a) for engines that have a gross power of less than 37 kW, Table 2, subpart IIII, of CFR 60; and

  • (b) for engines that have a gross power of 37 kW or more, Table 1 to section 112(a), subpart B, of CFR 89.

• Marginal note:Useful life

  (2) The standards referred to in subsection (1) apply for the applicable useful life, as follows:

  • (a) for engines that have a gross power of less than 19 kW, a period of 3000 hours of operation or five years of use, whichever occurs first;

  • (b) for constant speed engines that have a gross power of 19 kW or more but less than 37 kW and a rated speed of 3000 rpm or more, a period of 3000 hours of operation or five years of use, whichever occurs first;

  • (c) for engines, other than those referred to in paragraph (b), that have a gross power of 19 kW or more but less than 37 kW, a period of 5000 hours of operation or seven years of use, whichever occurs first; and

  • (d) for engines that have a gross power of 37 kW or more, a period of 8000 hours of operation or 10 years of use, whichever occurs first.

Marginal note:North Warning System sites

• 13 (1) A mobile compression-ignition engine that is to be used exclusively at a North Warning System site established by the North American Aerospace Defense Command may, instead of conforming to the emission standards set out in section 10, conform to the emission standards set out in Table 1 to section 112(a), subpart B, of CFR 89.

• Marginal note:Useful life

  (2) The standards referred to in subsection (1) apply for the applicable useful life, as follows:

  • (a) for engines that have a gross power of less than 19 kW, a period of 3000 hours of operation or five years of use, whichever occurs first;

  • (b) for constant speed engines that have a gross power of 19 kW or more but less than 37 kW and a rated speed of 3000 rpm or more, a period of 3000 hours of operation or five years of use, whichever occurs first;

  • (c) for engines, other than those referred to in paragraph (b), that have a gross power of 19 kW or more but less than 37 kW, a period of 5000 hours of operation or seven years of use, whichever occurs first; and

  • (d) for engines that have a gross power of 37 kW or more, a period of 8000 hours of operation or 10 years of use, whichever occurs first.

Marginal note:Transportation refrigeration unit

• 14 (1) A mobile compression-ignition engine that is used in a transportation refrigeration unit may, instead of conforming to the emission standards referred to in section 10, conform to the applicable standards referred to in sections 645(a), (b) and (e), subpart G, of CFR 1039, as specified in those sections.

• Marginal note:Useful life

  (2) The standards referred to in subsection (1) apply for the useful life of the engine as specified in section 101(g), subpart B, of CFR 1039.

Marginal note:Engines for use in hazardous location

• 15 (1) A compression-ignition engine that is or will be installed in a machine to be used only in a hazardous location where the maximum permissible surface temperature for the machine is 200°C or less may, if the engine or the machine bears the markings referred to in rule 18-052 of the most recent version of the Canadian Standards Association standard C22.1, Canadian Electrical Code, Part 1, conform to the following emission standards instead of those referred to in subsection 10(1) or 11(1), as applicable:

  • (a) in the case of an engine that has a gross power of 19 kW or more but less than 37 kW, the applicable standards set out in Table 2 to section 102(b), subpart B, of CFR 1039; and

  • (b) in the case of an engine that has a gross power of 37 kW or more, the applicable standards set out in Table 1 to section 112(a), subpart B, of CFR 89.

• Marginal note:Useful life

  (2) The standards referred to in subsection (1) apply for the following useful life:

  • (a) for engines that have a gross power of 19 kW or more but less than 37 kW, the useful life referred to in section 101(g), subpart B, of CFR 1039; and

  • (b) for engines that have a gross power of 37 kW or more, a period of 8000 hours of operation or 10 years of use, whichever occurs first.

Marginal note:Backup or emergency stationary engines

• 16 (1) A stationary compression-ignition engine that is intended to provide electrical power or mechanical work during a power outage may, instead of conforming to the emission standards referred to in subsection 11(1), conform to those set out in sections 4202(a)(1)(ii), (a)(2), (b)(2), (e)(2) and (4) and (f)(1) and (2), subpart IIII, of CFR 60.

• Marginal note:Stationary fire-pump engines

  (2) A stationary compression-ignition engine that is a fire-pump engine may, instead of conforming to the emission standards referred to in subsection 11(1), conform to those set out in section 4202(d), subpart IIII, of CFR 60.

• Marginal note:Stationary engines used in remote locations

  (3) A stationary compression-ignition engine that is to be used in a remote location may, instead of conforming to the emission standards set out in subsection 11(1), conform to those set out in section 4201(f), subpart IIII, of CFR 60 or those set out in sections 4202(a)(1)(ii), (a)(2), (b)(2), (e)(2) and (4) and (f)(1) and (2), subpart IIII, of CFR 60.

• Marginal note:Useful life

  (4) The standards referred to in subsections (1) to (3) apply for the useful life of the engine referred to in subsection 11(3).

Diagnostic System Standards

Marginal note:Standards

17 A compression-ignition engine that is equipped with a selective catalytic reduction system that uses a reductant other than the engine’s fuel must be equipped with a diagnostic system that conforms to the standards set out in,

• (a) in the case of mobile engines, section 110, subpart B, of CFR 1039; and

• (b) in the case of stationary engines, section 110, subpart B, of CFR 1039 or section 110, subpart B, of CFR 1042, as applicable.

Large Spark-Ignition Engine Standards

Emission Standards

Marginal note:Standards

• 18 (1) Subject to subsections (3) and (4) and sections 19, 22 and 23, a large spark-ignition engine must conform to

  • (a) the exhaust emission standards set out in sections 101(a) to (c) and (e), subpart B, of CFR 1048;

  • (b) the crankcase emission standards set out in section 115(a), subpart B, of CFR 1048; and

  • (c) the evaporative emission standards set out in sections 105(a), (c) and (d), subpart B, of CFR 1048.

• Marginal note:Demonstrating conformity

  (2) For greater certainty, a company may demonstrate an engine’s conformity to the evaporative emission standards referred to in paragraph (1)(c) as specified in section 245(e), subpart C, of CFR 1048.

• Marginal note:Alternate exhaust emission standards

  (3) An engine that meets the conditions set out in sections 101(d)(1) to (4), subpart B, of CFR 1048 may, instead of conforming to the exhaust emission standards set out in section 101(b)(3), subpart B, of CFR 1048, conform to the exhaust emission standards set out in section 101(d), subpart B, of CFR 1048.

• Marginal note:“Blue Sky Series” emission standards

  (4) An engine may, instead of conforming to the exhaust emission standards referred to in paragraph (1)(a), conform to the “Blue Sky Series” standards set out in section 140, subpart B, of CFR 1048.

• Marginal note:Useful life

  (5) The standards referred to in subsections (1), (3) and (4) apply for the useful life of the engine as specified in

  • (a) section 101(g), subpart B, of CFR 1048, in the case of the standards referred to in paragraphs (1)(a) and (b) and subsections (3) and (4); or

  • (b) section 105, subpart B, of CFR 1048, in the case of the standards referred to in paragraph (1)(c).

Marginal note:Alternate standards

19 A large spark-ignition engine that is fuelled solely by natural gas or liquefied petroleum gas and that has a gross engine power of 250 kW or more may, instead of conforming to the standards referred to in sections 18, 20 and 21, conform to the standards referred to in sections 10 and 17, as if it were a compression-ignition engine.

Diagnostic and Torque Broadcasting System Standards

Marginal note:Diagnostic system

20 A large spark-ignition engine that is equipped with three-way catalysts and closed-loop control of air-fuel ratios must be equipped with a diagnostic system that conforms to the applicable standards set out in section 110, subpart B, of CFR 1048.

Marginal note:Torque broadcasting system

21 An electronically controlled large spark-ignition engine must be equipped with a torque broadcasting system that meets the requirements of section 115(b), subpart B, of CFR 1048.

On-Road Engines Adapted for Off-road Use

Marginal note:Alternate standards — engines

• 22 (1) A mobile compression-ignition engine or a large spark-ignition engine may, instead of conforming to the applicable standards referred to in sections 10, 12 to 15 and 17 to 21, conform to the applicable standards under the On-Road Vehicle and Engine Emission Regulations if

  • (a) the engine was, before it became subject to these Regulations,

    • (i) subject to the On-Road Vehicle and Engine Emission Regulations, and

    • (ii) in conformity with the applicable standards under those Regulations; and

  • (b) the engine was, before its sale to the first retail purchaser, altered in a manner that meets the requirements set out in section 605(d)(2), subpart G, of CFR 1039 or section 605(d)(2), subpart G, of CFR 1048, as the case may be.

• Marginal note:Applicable standards

  (2) For the purposes of subsection (1), the applicable standards under the On-Road Vehicle and Engine Emission Regulations are those that were applicable to the engine under those Regulations before its alteration.

Engines Covered by EPA Certificate

Marginal note:Certificate issued under certain parts of CFR

• 23 (1) Subject to subsection (2), an engine that is covered by an EPA certificate may, instead of conforming to the applicable standards referred to in sections 10 to 22, conform to

  • (a) in the case of an engine that has a complete fuel system and whose attached fuel lines and attached fuel tanks are covered by one or more EPA certificates, the standards referred to in each of the EPA certificates; and

  • (b) in any other case, the standards referred to in the EPA certificate.

• Marginal note:Certificate issued under CFR 86

  (2) A mobile compression-ignition engine or a large spark-ignition engine that is covered by an EPA certificate issued under CFR 86 may, instead of conforming to the applicable standards referred to in sections 10, 12 to 15 and 17 to 21, conform to the standards referred to in the EPA certificate if the engine was, before importation or before its sale to the first retail purchaser, altered in a manner that meets the specific requirements set out in section 605(d)(2), subpart G, of CFR 1039 or section 605(d)(2), subpart G, of CFR 1048, as the case may be.

Marginal note:Subsection 153(3) of Act

• 24 (1) For the purposes of subsection 153(3) of the Act, the provisions of the CFR that are applicable under an EPA certificate to an engine referred to in subsection 23(1) or (2), or to any attached fuel lines or fuel tanks referred to in paragraph 23(1)(a), correspond to the standards referred to in sections 10 to 22.

• Marginal note:EPA

  (2) For the purposes of subsection 153(3) of the Act, the EPA is the prescribed agency.

Replacement Engines

Marginal note:Standards

• 25 (1) Despite sections 10 to 23 and subject to subsection (2), a replacement engine must, instead of conforming to the applicable standards referred to in those sections, conform to

  • (a) if a replacement engine exists that is manufactured to the specifications, in respect of the control of emissions, of a model year subsequent to the model year of the original engine and that has the physical or performance characteristics necessary for the operation of the machine, the most stringent of the following:

    • (i) the standards referred to in paragraph 10(1)(a) or (b) or subsection 11.1(2) of the Off-Road Compression-Ignition Engine Emission Regulations, as they read immediately before the coming into force of these Regulations, that are applicable to an engine manufactured to the specifications of that subsequent model year,

    • (ii) if a replacement engine exists that conforms to standards that are applicable to a model year that is subsequent to the model year referred to in subparagraph (i), those standards, or

    • (iii) if none of the standards referred to in subparagraph (i) or (ii) are applicable, the manufacturer’s specifications in respect of the control of emissions, if those specifications are at least as stringent as the specifications of the model year of the original engine; and

  • (b) if no replacement engine exists that is manufactured to the specifications, in respect of the control of emissions, of a model year subsequent to the model year of the original engine and that has the physical or performance characteristics necessary for the operation of the machine, the most stringent of the following:

    • (i) the standards referred to in paragraph 10(1)(a) or (b) or subsection 11.1(2) or 13(2) of the Off-Road Compression-Ignition Engine Emission Regulations, as they read immediately before the coming into force of these Regulations, that are applicable to the original engine,

    • (ii) if a replacement engine exists that has the physical or performance characteristics necessary for the operation of the machine and conforms to standards that are applicable to the model year of the original engine and are more stringent than those referred to in subparagraph (i), those more stringent standards, or

    • (iii) if none of the standards referred to in subparagraph (i) or (ii) are applicable, the manufacturer’s specifications in respect of the control of emissions, if those specifications are at least as stringent as the specifications of the model year of the original engine.

• Marginal note:References to CFR

  (2) For the purposes of subparagraphs (1)(a)(i) and (1)(b)(i), a reference in the Off-Road Compression-Ignition Engine Emission Regulations to a provision of the CFR is to be read as a reference to that provision as it read immediately before the day on which these Regulations come into force.

• Marginal note:Interpretation

  (3) For the purposes of subparagraph (1)(b)(i), the reference to subsection 13(2) of the Off-Road Compression-Ignition Engine Emission Regulations must be read as excluding the dates mentioned in that subsection.

• Marginal note:Limitation

  (4) An engine is a replacement engine only if it was manufactured to replace the engine of a machine that is located in Canada and that, on the day that the replacement engine is installed, had its manufacture completed

  • (a) in the case of a machine in or on which a mobile engine is installed, 40 years ago or less; or

  • (b) in the case of a machine in or on which a stationary engine is installed, less than 15 years ago.

National Emissions Mark and Label Requirements

Marginal note:Request for authorization

• 26 (1) Before applying a national emissions mark to an engine, a company must make a request to the Minister for authorization to do so.

• Marginal note:Required information

  (2) The request must be signed by an authorized representative of the company and must include

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

  • (b) the name, email address and telephone number of an authorized representative of the company;

  • (c) the street address of the location at which the national emissions mark will be applied; and

  • (d) information establishing that the company is capable of demonstrating that the engine conforms to the standards set out in these Regulations.

Marginal note:National emissions mark

• 27 (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:Authorization number

  (3) A company that is 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:Label — compression-ignition engines

• 28 (1) A compression-ignition engine or a large spark-ignition engine that meets the alternative standards referred to in section 19 — other than an engine that is covered by an EPA certificate, an engine that is used in a transportation refrigeration unit and that conforms to the alternative standards referred to in subsection 14(1) or a replacement engine — must bear a label that sets out

  • (a) except in the case of a model of engine referred to in section 33, the statement “THIS ENGINE CONFORMS TO ALL APPLICABLE STANDARDS PRESCRIBED BY THE CANADIAN REGULATIONS ENTITLED Off-road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engine Emission Regulations IN EFFECT FOR MODEL YEAR [insert model year] / CE MOTEUR EST CONFORME AUX NORMES APPLICABLES PRÉVUES PAR LE RÈGLEMENT CANADIEN INTITULÉ Règlement sur les émissions des moteurs hors route à allumage par compression (mobiles et fixes) et des gros moteurs hors route à allumage commandé EN VIGUEUR POUR L’ANNÉE DE MODÈLE [inscrire l’année de modèle]”;

  • (b) the following statements, as applicable:

    • (i) in the case of an engine that is to operate at a constant-speed only, “FOR USE AT CONSTANT-SPEED ONLY / POUR UTILISATION À VITESSE CONSTANTE SEULEMENT”,

    • (ii) in the case of an engine that has a gross power of more than 560 kW and meets the exhaust emission standards set out in Table 1 to section 101(b), subpart B, of CFR 1039, except those that are applicable to engines to be used in a generator set, “NOT FOR USE IN A GENERATOR SET / NE PAS UTILISER DANS UNE GÉNÉRATRICE”,

    • (iii) in the case of an engine referred to in paragraph 7(2)(d), “FOR USE IN EMERGENCY MACHINE ONLY / POUR UTILISATION DANS UNE MACHINE DE PREMIÈRE INTERVENTION SEULEMENT”,

    • (iv) in the case of an engine referred to in subsection 8(2), “THIS ENGINE IS DESIGNED TO OPERATE USING FUEL THAT IS NOT GENERALLY OFFERED FOR SALE IN CANADA; ENGINE PARAMETERS MUST BE ADJUSTED ACCORDING TO THE MANUFACTURER’S INSTRUCTIONS / CE MOTEUR EST CONÇU POUR ÊTRE ALIMENTÉ AVEC UN CARBURANT QUI N’EST GÉNÉRALEMENT PAS MIS EN VENTE AU CANADA; LES PARAMÈTRES DU MOTEUR DOIVENT ÊTRE RÉGLÉS CONFORMÉMENT AUX INSTRUCTIONS DU FABRICANT”,

    • (v) in the case of an engine that has been tested using alternative test procedures referred to in section 9, “STATIONARY ENGINE TESTED USING THE FOLLOWING ALTERNATIVE TEST PROCEDURES: [insert name of test procedures] / MOTEUR FIXE MIS À L’ESSAI SELON LES MÉTHODES D’ESSAI DE RECHANGE SUIVANTES : [inscrire le nom des méthodes d’essai]”,

    • (vi) in the case of an engine that conforms to the emission standards referred to in section 11, “STATIONARY ENGINE / MOTEUR FIXE”,

    • (vii) in the case of an engine that conforms to the alternative emission standards referred to in section 12, “MOBILE ENGINE FOR USE IN REMOTE LOCATIONS ONLY / MOTEUR MOBILE POUR UTILISATION EN RÉGIONS ÉLOIGNÉES SEULEMENT”,

    • (viii) in the case of an engine that conforms to the alternative emission standards referred to in section 13, “MOBILE ENGINE FOR USE AT NORTH WARNING SYSTEM SITES ONLY / MOTEUR MOBILE POUR UTILISATION AUX SITES DU SYSTÈME D’ALERTE DU NORD SEULEMENT”,

    • (ix) in the case of an engine that conforms to the alternative emission standards referred to in subsection 15(1), “ENGINE FOR USE IN CLASS I HAZARDOUS LOCATIONS ONLY / MOTEUR POUR UTILISATION DANS DES EMPLACEMENTS DANGEREUX DE CLASSE I SEULEMENT”,

    • (x) in the case of an engine that conforms to the alternative emission standards referred to in subsection 16(1), “STATIONARY ENGINE FOR USE AS BACKUP OR EMERGENCY ENGINE / MOTEUR FIXE POUR UTILISATION COMME MOTEUR DE RÉSERVE OU D’URGENCE”,

    • (xi) in the case of an engine that conforms to the alternative emission standards referred to in subsection 16(2), “STATIONARY ENGINE FOR USE AS A FIRE PUMP ENGINE ONLY / MOTEUR FIXE POUR UTILISATION COMME MOTEUR DE POMPE À INCENDIE SEULEMENT”,

    • (xii) in the case of an engine that conforms to the alternative emission standards referred to in subsection 16(3), “STATIONARY ENGINE FOR USE IN REMOTE LOCATIONS / MOTEUR FIXE POUR UTILISATION EN RÉGIONS ÉLOIGNÉES”, and

    • (xiii) in the case of an engine that conforms to the alternative emission standards referred to in subsection 22(1), “ADAPTED FOR OFF-ROAD USE WITHOUT AFFECTING EMISSION CONTROLS / MODIFIÉ POUR USAGE HORS ROUTE SANS NUIRE AU CONTRÔLE DES ÉMISSIONS”;

  • (c) the model year of the engine;

  • (d) the month and the four-digit year of manufacture of the engine, expressed as numbers separated by a non-numeric character or space, unless this information is permanently identified elsewhere on the engine;

  • (e) the gross power or gross power category of the engine;

  • (f) if the engine is installed in an off-road recreational vehicle, the numerical value of the exhaust emission standards to which it conforms and the applicable units of measure;

  • (g) an identification of the emission control system, as specified in section 45(f), subpart A, of CFR 1068;

  • (h) the name and trademark of the engine manufacturer or, if the manufacturer is authorized by another business entity to use that business entity’s name and trademark, that name and trademark;

  • (i) the engine’s emission family; and

  • (j) the engine displacement.

• Marginal note:Label — complete fuel system

  (2) Subject to subsection 34(4), a compression-ignition engine that has a complete fuel system with a non-metallic fuel line or fuel tank and is fuelled with volatile liquid fuel — other than an engine that is covered by an EPA certificate, an engine that is used in a transportation refrigeration unit and that conforms to the alternative standards referred to in subsection 14(1) or a replacement engine — must bear a label that includes the following information, in addition to the information set out in subsection (1):

  • (a) except in the case of a model of engine referred to in section 33, the statement “THIS ENGINE AND THE COMPLETE FUEL SYSTEM CONFORM TO ALL APPLICABLE STANDARDS PRESCRIBED BY THE CANADIAN REGULATIONS ENTITLED Off-road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engine Emission Regulations IN EFFECT FOR MODEL YEAR [insert model year] / CE MOTEUR ET LE SYSTÈME COMPLET D’ALIMENTATION EN CARBURANT SONT CONFORMES AUX NORMES APPLICABLES PRÉVUES PAR LE RÈGLEMENT CANADIEN INTITULÉ Règlement sur les émissions des moteurs hors route à allumage par compression (mobiles et fixes) et des gros moteurs hors route à allumage commandé EN VIGUEUR POUR L’ANNÉE DE MODÈLE [inscrire l’année de modèle]”;

  • (b) the name of the company that installed the complete fuel system; and

  • (c) the emission family in respect of evaporative emissions.

• Marginal note:Non-application

  (3) Paragraphs (1)(a) and (2)(a) and (b) do not apply if a national emissions mark is affixed to the engine or to the machine in which the engine is installed.

• Marginal note:Insufficient space on label

  (4) Paragraph (1)(g) does not apply if there is insufficient space on the label to accommodate the information referred to in that paragraph and that information is included in the emissions-related maintenance instructions.

Marginal note:Label — large spark-ignition engines

• 29 (1) A large spark-ignition engine — other than an engine that meets the alternative standards referred to in section 19, an engine that is covered by an EPA certificate or a replacement engine — must bear a label that sets out

  • (a) except in the case of a model of engine referred to in section 33, the statement “THIS ENGINE CONFORMS TO ALL APPLICABLE STANDARDS PRESCRIBED BY THE CANADIAN REGULATIONS ENTITLED Off-road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engine Emission Regulations IN EFFECT FOR MODEL YEAR [insert model year] / CE MOTEUR EST CONFORME AUX NORMES APPLICABLES PRÉVUES PAR LE RÈGLEMENT CANADIEN INTITULÉ Règlement sur les émissions des moteurs hors route à allumage par compression (mobiles et fixes) et des gros moteurs hors route à allumage commandé EN VIGUEUR POUR L’ANNÉE DE MODÈLE [inscrire l’année de modèle]”;

  • (b) the following statements, as applicable:

    • (i) in the case of an engine that is intended for use in constant-speed applications only, “USE IN CONSTANT-SPEED APPLICATIONS ONLY / UTILISEZ SEULEMENT DANS DES APPLICATIONS À VITESSE CONSTANTE”,

    • (ii) in the case of an engine that is intended for use in variable-speed applications only, “USE IN VARIABLE-SPEED APPLICATIONS ONLY / UTILISEZ SEULEMENT DANS DES APPLICATIONS À VITESSE VARIABLE”,

    • (iii) in the case of an engine that is intended for use in high-load applications only, “THIS ENGINE IS NOT INTENDED FOR OPERATION AT LESS THAN 75% OF FULL LOAD / CE MOTEUR N’EST PAS DESTINÉ À FONCTIONNER À MOINS DE 75 % DE SA CAPACITÉ MAXIMALE”,

    • (iv) in the case of an engine referred to in subsection 8(2), “THIS ENGINE IS DESIGNED TO OPERATE USING FUEL THAT IS NOT GENERALLY OFFERED FOR SALE IN CANADA; ENGINE PARAMETERS MUST BE ADJUSTED ACCORDING TO THE MANUFACTURER’S INSTRUCTIONS / CE MOTEUR EST CONÇU POUR ÊTRE ALIMENTÉ AVEC UN CARBURANT QUI N’EST GÉNÉRALEMENT PAS MIS EN VENTE AU CANADA; LES PARAMÈTRES DU MOTEUR DOIVENT ÊTRE RÉGLÉS CONFORMÉMENT AUX INSTRUCTIONS DU FABRICANT”,

    • (v) in the case of an engine referred to in subsection 18(3) that conforms to the alternate exhaust emission standards referred to in that subsection and that is not intended for use in high-load applications, “THIS ENGINE IS NOT INTENDED FOR OPERATION AT MORE THAN [insert percentage of full load based on the nature of the engine protection] OF FULL LOAD / CE MOTEUR N’EST PAS DESTINÉ À FONCTIONNER À PLUS DE [inscrire le pourcentage de sa capacité maximale selon la nature de la protection du moteur] DE SA CAPACITÉ MAXIMALE”,

    • (vi) in the case of an engine that conforms to the “Blue Sky Series” standards referred to in subsection 18(4), “BLUE SKY SERIES”, and

    • (vii) in the case of an engine that conforms to the alternative emission standards referred to in subsection 22(1), “ADAPTED FOR OFF-ROAD USE WITHOUT AFFECTING EMISSION CONTROLS / MODIFIÉ POUR USAGE HORS ROUTE SANS EFFET SUR LE CONTRÔLE DES ÉMISSIONS”;

  • (c) the model year of the engine;

  • (d) the month and the four-digit year of manufacture of the engine, expressed as numbers separated by a non-numeric character or space, unless this information is permanently identified elsewhere on the engine;

  • (e) the numerical value of the exhaust emission standards to which it complies and the applicable units of measure;

  • (f) an identification of the emission control system, using terms and abbreviations as specified in section 45(f), subpart A, of CFR 1068;

  • (g) an identification of any requirements for fuel and lubricants;

  • (h) the engine accessories that must be operating and the proper transmission gear during engine maintenance;

  • (i) the name and trademark of the engine manufacturer or, if the manufacturer is authorized by another business entity to use that business entity’s name and trademark, that name and trademark;

  • (j) the engine’s emission family; and

  • (k) the engine displacement.

• Marginal note:Label — complete fuel system

  (2) Subject to subsection 34(4), a large spark-ignition engine that has a complete fuel system — other than an engine that is covered by an EPA certificate or a replacement engine — must bear a label that includes the following information, in addition to the information set out in subsection (1):

  • (a) except in the case of a model of engine referred to in section 33, the statement “THIS ENGINE AND THE COMPLETE FUEL SYSTEM CONFORM TO ALL APPLICABLE STANDARDS PRESCRIBED BY THE CANADIAN REGULATIONS ENTITLED Off-road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engine Emission Regulations IN EFFECT FOR MODEL YEAR [insert model year] / CE MOTEUR ET LE SYSTÈME COMPLET D’ALIMENTATION EN CARBURANT SONT CONFORMES AUX NORMES APPLICABLES PRÉVUES PAR LE RÈGLEMENT CANADIEN INTITULÉ Règlement sur les émissions des moteurs hors route à allumage par compression (mobiles et fixes) et des gros moteurs hors route à allumage commandé EN VIGUEUR POUR L’ANNÉE DE MODÈLE [inscrire l’année de modèle]”;

  • (b) the name of the company that installed the complete fuel system; and

  • (c) the emission family in respect of evaporative emissions.

• Marginal note:National emissions mark

  (3) Paragraphs (1)(a) and (2)(a) and (b) do not apply if a national emissions mark is affixed to the engine or to the machine in which the engine is installed.

• Marginal note:Insufficient space on label

  (4) Paragraph (1)(f), (g) or (h) does not apply if there is insufficient space on the label to accommodate the information referred to in one of those paragraphs and that information is included in the emissions-related maintenance instructions.

Marginal note:Label — transportation refrigeration unit

30 An engine that conforms to the alternative standards referred to in subsection 14(1) must bear either a label

• (a) that sets out

  • (i) the statement “ENGINE TO BE USED IN A TRANSPORTATION REFRIGERATION UNIT ONLY / MOTEUR À UTILISER SEULEMENT DANS UN DISPOSITIF FRIGORIFIQUE DE TRANSPORT”,

  • (ii) the model year of the engine,

  • (iii) the month and the four-digit year of manufacture of the engine, expressed as numbers separated by a non-numeric character or space, unless this information is permanently identified elsewhere on the engine,

  • (iv) the gross power or gross power category of the engine,

  • (v) an identification of the emission control system, and

  • (vi) the name of the engine manufacturer; or

• (b) that meets the requirement set out in section 645(d)(1), subpart G, of CFR 1039.

Marginal note:Label — replacement engine

31 A replacement engine must bear a label that

• (a) sets out the following information:

  • (i) in the case of a mobile engine, the statement “FOR USE AS A REPLACEMENT ENGINE ONLY — NOT FOR INSTALLATION IN A MACHINE THAT IS MORE THAN 40 YEARS OLD / POUR UTILISATION COMME MOTEUR DE REMPLACEMENT SEULEMENT — NE PEUT ÊTRE INSTALLÉ DANS UNE MACHINE DE PLUS DE 40 ANS”,

  • (ii) in the case of a stationary engine, the statement “FOR USE AS A REPLACEMENT ENGINE ONLY — NOT FOR INSTALLATION IN A MACHINE THAT IS MORE THAN 15 YEARS OLD / POUR UTILISATION COMME MOTEUR DE REMPLACEMENT SEULEMENT — NE PEUT ÊTRE INSTALLÉ DANS UNE MACHINE DE PLUS DE 15 ANS”,

  • (iii) if the engine conforms to the standards referred to in subparagraph 25(1)(a)(i) or (ii) or (b)(i) or (ii), the statement “TO REPLACE AN ENGINE THAT IS SUBJECT TO EMISSION STANDARDS FOR [insert the model year(s) or “tier(s)”, within the meaning of the CFR, of the engines that may be replaced] ENGINES ONLY / POUR REMPLACEMENT D’UN MOTEUR QUI EST ASSUJETTI AUX NORMES D’ÉMISSIONS POUR LES MOTEURS DE [inscrire l’année ou les années de modèle ou le « tier » ou les « tiers », au sens du CFR, des moteurs qui peuvent être remplacés] SEULEMENT”,

  • (iv) the model year of the engine,

  • (v) the month and the four-digit year of manufacture of the engine, expressed as numbers separated by a non-numeric character or space, unless this information is permanently identified elsewhere on the engine,

  • (vi) the numerical value of the exhaust emission standards to which it conforms, if any, and the applicable units of measure,

  • (vii) in the case of a compression-ignition engine, the gross power or gross power category of the engine,

  • (viii) an identification of the emission control system, and

  • (ix) the name of the engine manufacturer; or

• (b) meets the requirements set out in section 240(b)(5), subpart C, of CFR 1068.

Marginal note:United States emission control information label

32 An engine that is covered by an EPA certificate and that, as authorized by subsection 23(1) or (2), conforms to the standards referred to in the EPA certificate instead of the applicable standards referred to in sections 10 to 21, must bear a United States emission control information label that meets the requirements set out in the following provisions:

• (a) if the engine is a mobile compression-ignition engine,

  • (i) in the case of an engine that is covered by an EPA certificate issued under CFR 1039, sections 135(b) to (g), subpart B, of CFR 1039, and,

    • (A) if the engine is equipped with adjustable parameters and is designed to operate using fuel that is not generally offered for sale in Canada, section 615(b)(2), subpart G, of CFR 1039, and

    • (B) if the engine is used in a transportation refrigeration unit, section 645(d)(1), subpart G, of CFR 1039, or

  • (ii) in the case of an engine that is covered by an EPA certificate issued under CFR 86, section 35, subpart A, of CFR 86 and section 605(d)(5), subpart G, of CFR 1039;

• (b) if the engine is a stationary compression-ignition engine that is covered by an EPA certificate issued under CFR 60, CFR 1039 or CFR 1042, as applicable,

  • (i) sections 4210(c), (f) and (g), subpart IIII, of CFR 60,

  • (ii) sections 135(b) to (g), subpart B, of CFR 1039 and, if the engine is equipped with adjustable parameters and is designed to operate using fuel that is not generally offered for sale in Canada, section 615(b)(2), subpart G, of CFR 1039, or

  • (iii) sections 135(b) to (g), subpart B, of CFR 1042;

• (c) if the engine is a large spark-ignition engine,

  • (i) in the case of an engine that is covered by an EPA certificate issued under CFR 1048, sections 135(b) to (f), subpart B, of CFR 1048 and, if the engine is equipped with adjustable parameters and is designed to operate using fuel that is not generally offered for sale in Canada, section 625(b)(2), subpart G, of CFR 1048,

  • (ii) in the case of an engine that is covered by an EPA certificate issued under CFR 86, section 35, subpart A, of CFR 86 and section 605(d)(5), subpart G, of CFR 1048, or

  • (iii) in the case of an engine that is covered by an EPA certificate issued under CFR 1039, sections 135(b) to (g), subpart B, of CFR 1039, and,

    • (A) if the engine is equipped with adjustable parameters and is designed to operate using fuel that is not generally offered for sale in Canada, section 615(b)(2), subpart G, of CFR 1039, and

    • (B) if the engine is used in a transportation refrigeration unit, section 645(d)(1), subpart G, of CFR 1039; and

• (d) if the engine is equipped with a complete fuel system whose attached fuel lines and attached fuel tanks are covered by one or more EPA certificates issued under CFR 1060, sections 135(a) to (e), subpart B, of CFR 1060.

Marginal note:Label — exemption under section 156 of Act

33 In the case of a model of engine in respect of which the Governor in Council has, by order, granted an exemption under section 156 of the Act, the engine must bear a label that sets out, in both official languages, the standard in respect of which the exemption has been granted, as well as the Privy Council number and date of the order.

Marginal note:Location — national emissions mark and label

• 34 (1) Subject to subsection (3), the national emissions mark and any label required by these Regulations, other than a label referred to in section 35 and a United States emission control information label, must be located on the engine

  • (a) in the case of an engine that bears a United States emission control information label, immediately next to that label; or

  • (b) in the case of an engine that does not bear a United States emission control information label, in a visible location, whether the engine is installed in a machine or not.

• Marginal note:United States emission control information label

  (2) In the case referred to in paragraph (1)(a), the national emissions mark and the information required to be included on any label required by these Regulations may be included on the United States emission control information label, instead of appearing as specified in paragraph (1)(a).

• Marginal note:Choice of location

  (3) The information referred to in subsection 28(2) or 29(2), as the case may be, may appear on the same label as the information referred to in subsection 28(1) or 29(1), as the case may be, or on a separate label that is placed immediately next to the label on which the information referred to in subsection 28(1) or 29(1) appears, as the case may be.

• Marginal note:Engine installed in machine

  (4) If an engine referred to in subsection 28(2) or 29(2) is installed in a machine and the label referred to in that subsection is no longer visible during routine engine maintenance once the engine is installed in the machine, a duplicate of the label must be affixed on the machine.

• Marginal note:Other requirements

  (5) The national emissions mark and any label required by these Regulations, other than a United States emission control information label, must

  • (a) be permanently applied so that any attempt to alter or remove it would damage it;

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

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

Unique Identification Number

Marginal note:Unique identification number

35 For the purposes of paragraph 153(1)(d) of the Act, a unique identification number must be affixed to every engine. It must be legible and be on a label or be engraved on, stamped on or moulded into the engine.

Instructions

Marginal note:Engine maintenance

• 36 (1) Every company must ensure that the first retail purchaser of every engine, including an engine that is installed in a machine, is provided with written instructions respecting emission-related maintenance and that the instructions are consistent with the instructions set out in

  • (a) in the case of a mobile compression-ignition engine or a large spark-ignition engine covered by an EPA certificate issued under CFR 1039 or a large spark-ignition engine that meets the alternative standards referred to in section 19 of these Regulations, section 109(a), subpart B, of CFR 89 or sections 125(a) to (d) and (f), subpart B, of CFR 1039, as the case may be;

  • (b) in the case of a stationary compression-ignition engine, section 4210(c), subpart IIII, of CFR 60, sections 125(a) to (d) and (f), subpart B, of CFR 1039 or sections 125(a) to (d) and (f), subpart B, of CFR 1042, as the case may be; and

  • (c) in the case of a large spark-ignition engine, other than an engine that is covered by an EPA certificate issued under CFR 1039 or an engine that meets the alternative standards referred to in section 19 of these Regulations, sections 125(a) to (d) and (f), subpart B, of CFR 1048.

• Marginal note:Engines using non-commercial fuel

  (2) Every company must ensure that the first retail purchaser of every engine — other than an engine referred to in subsection 40(1) — that is designed to operate using fuel that is not generally offered for sale in Canada is provided with written instructions describing how the engine’s adjustable parameters are to be adjusted so that the engine conforms to the emission standards prescribed under these Regulations while the engine is operating on fuel that is not generally offered for sale in Canada.

• Marginal note:Language

  (3) The instructions must be provided in English, French or both official languages, as requested by the purchaser.

Marginal note:Instructions — replacement engines

37 Every company that imports or manufactures a replacement engine for which the manufacture may be completed to achieve different configurations must ensure that the engine is accompanied by written instructions for completing the manufacture of the engine to achieve those configurations and for determining the configurations that are appropriate for an engine that will be used in a given application.

Marginal note:Instructions — installation of emission control system

• 38 (1) Every company must ensure that every engine that is to be installed in or on a machine in Canada is accompanied by written instructions for installing the engine and emission control system, or the address of the place or the website where those instructions may be obtained.

• Marginal note:Required information

  (2) The instructions must contain the following information:

  • (a) detailed installation procedures for the engine, the emission control system and any of their components; and

  • (b) the limits on the types of use for the engine to ensure that the emission standards are conformed to and, in the case of a compression-ignition engine that is used in a transportation refrigeration unit, the information referred to in section 645(d)(2), subpart G, of CFR 1039.

• Marginal note:Language

  (3) The instructions must be provided in English, French or both official languages, as requested by the installer.

Marginal note:Auxiliary emission control device

• 39 (1) Every company must ensure that every engine that is equipped with an auxiliary emission control device described in paragraph 7(2)(e) is accompanied by written instructions for its use and how to request its reset.

• Marginal note:Language

  (2) The instructions must be provided in both official languages.

Evidence of Conformity

Marginal note:Engine covered by EPA certificate

• 40 (1) For the purposes of paragraph 153(1)(b) of the Act, in the case of an engine that is covered by an EPA certificate and that, under subsection 23(1) or (2), conforms to the standards referred to in the EPA certificate instead of the applicable standards set out in sections 10 to 22, the evidence of conformity to be obtained and produced by a company includes

  • (a) a copy of the EPA certificate covering the engine and, if they form part of the engine’s complete fuel system, the attached fuel lines or attached fuel tanks;

  • (b) a copy of the records submitted to the EPA in support of each application for an EPA certificate, and any amended application, in respect of an engine or fuel lines or fuel tanks that form part of a complete fuel system of an engine;

  • (c) if the engine is sold concurrently in Canada and the United States, one or both of the following:

    • (i) a document demonstrating that the engine is sold concurrently in Canada and the United States, or

    • (ii) a document demonstrating that the engine bears the national emissions mark;

  • (d) a copy of the United States emission control information label referred to in section 32; and

  • (e) for the purpose of testing the engine for conformity with exhaust emission standards, all information required to reproduce the emissions tests that generated the results contained in the records referred to in paragraph (b).

• Marginal note:Submission

  (2) If the engine does not bear the national emissions mark and is not sold concurrently in Canada and the United States, the company must submit the evidence of conformity referred to in paragraphs (1)(a), (b) and (d) to the Minister before importing the engine or applying a national emissions mark to it.

Marginal note:Engine not covered by EPA certificate

• 41 (1) Subject to subsection (2) and for the purposes of paragraph 153(1)(b) of the Act, in the case of an engine other than one referred to in subsection 40(1), evidence of conformity must be obtained and produced by a company in a form and manner that is satisfactory to the Minister, and must include a copy of the label referred to in section 28 or 29, paragraph 30(a) or section 31, as the case may be.

• Marginal note:Engine altered for off-road use

  (2) For the purposes of paragraph 153(1)(b) of the Act, in the case of an engine referred to in section 22 that conforms to the emission standards that were applicable to it under the On-Road Vehicle and Engine Emission Regulations before its alteration, evidence of conformity must be obtained and produced by a company in a form and manner that is satisfactory to the Minister.

• Marginal note:Submission

  (3) A company must submit the evidence of conformity referred to in subsections (1) and (2) to the Minister as follows:

  • (a) in the case of the evidence of conformity referred to in subsection (1), before importing the engine or applying a national emissions mark to it; and

  • (b) in the case of the evidence of conformity referred to in subsection (2), before applying a national emissions mark to the engine or selling it.

Marginal note:Subsection 153(2) of Act

42 For greater certainty, a company that imports an engine or applies a national emissions mark to it in reliance on subsection 153(2) of the Act must submit the required evidence of conformity to the Minister before the engine leaves the possession or control of the company.

Marginal note:Suspension or revocation of EPA certificate

43 If an EPA certificate referred to in subsection 40(1) is suspended or revoked, the company must submit the following information to the Minister within 60 days after the day on which the certificate is suspended or revoked:

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

• (b) the name, email address and telephone number of an authorized representative of the company;

• (c) a copy of the EPA certificate that was suspended or revoked;

• (d) a copy of the EPA decision to suspend or revoke the certificate; and

• (e) the make, model and model year of the engines that are covered by the EPA certificate.

Declarations

Declarations Prior to Importation

Marginal note:Declaration — company

• 44 (1) For the purposes of paragraph 153(1)(b) of the Act, a company that imports an engine must make a declaration that contains the following information:

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

  • (b) the name, email address and telephone number of an authorized representative of the company;

  • (c) the business number assigned to the company by the Minister of National Revenue; and

  • (d) in respect of the engine,

    • (i) its expected date of importation,

    • (ii) its unique identification number, make, model and model year and the name of the engine manufacturer,

    • (iii) if the engine is installed in a machine, the type of machine, the name of the machine manufacturer and the machine’s make and model,

    • (iv) any applicable emission families,

    • (v) a statement as to whether or not the engine

      • (A) is covered by an EPA certificate,

      • (B) belongs to an emission family that includes engines that are sold concurrently in Canada and the United States,

      • (C) bears the national emissions mark, and

      • (D) is a replacement engine,

    • (vi) as applicable, a statement that the engine

      • (A) is an engine referred to in subsection 12(1), 13(1), 14(1), 15(1) or 16(1), (2) or (3), as the case may be, and conforms to the alternative standards referred to in that subsection, or

      • (B) is a compression-ignition engine that powers an emergency machine,

    • (vii) as applicable, a statement that the company

      • (A) is able to provide the required evidence of conformity, or

      • (B) has provided the required evidence of conformity, and

    • (viii) as applicable,

      • (A) a statement that the required evidence of conformity is retained at a place of business of the company and, if that place of business is located at a place other than the street address referred to in paragraph (a), the street address of that place of business, or

      • (B) a statement that the required evidence of conformity is retained at a location other than a place of business of the company and the name and telephone number of a contact person at that location and the street address and, if different, the mailing address of that location.

• Marginal note:Submission

  (2) Subject to subsection (3), the declaration must be signed by an authorized representative of the company and submitted to the Minister before the engine is imported, unless a declaration containing the information referred to in paragraphs (1)(a) to (d) has been submitted to the Canada Border Services Agency using the electronic declaration system made available by the Agency.

• Marginal note:50 engines or more

  (3) A company that imports 50 engines or more during a calendar year may submit the declaration after importation — but no later than March 31 of the calendar year following the calendar year during which the engines are imported — if, before importing the first of those engines, the company submits a notice to the Minister that includes the following information:

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

  • (b) the name, email address and telephone number of an authorized representative of the company;

  • (c) the business number assigned to the company by the Minister of National Revenue; and

  • (d) a statement that the company will import 50 engines or more during the calendar year.

• Marginal note:One-time submission

  (4) The notice referred to in subsection (3) is only required to be submitted in respect of the first calendar year during which the company imports engines in reliance on that subsection.

• Marginal note:Replacement engines

  (5) Subsection (3) does not apply in respect of replacement engines.

Marginal note:Declaration — person that is not a company

• 45 (1) For the purposes of paragraph 153(1)(b) of the Act, a person that imports an engine and that is not a company must make a declaration that contains the following information:

  • (a) the person’s name, email address, telephone number, street address and, if different, mailing address;

  • (b) the name, email address and telephone number of an authorized representative of the person, if any;

  • (c) the business number assigned to the person by the Minister of National Revenue, if any;

  • (d) the engine’s unique identification number, make, model and model year and the name of the engine manufacturer;

  • (e) a statement indicating whether the engine is a compression-ignition engine or a large spark-ignition engine;

  • (f) if the engine is installed in a machine, the type of machine, the name of the machine manufacturer and the machine’s make and model; and

  • (g) a statement that the engine bears

    • (i) the national emissions mark,

    • (ii) the label referred to in subsection 28(1) or (2) or 29(1) or (2), paragraph 30(a) or 31(a) or section 33, as applicable,

    • (iii) the United States emission control information label referred to in paragraph 30(b) or 31(b) or section 32, as applicable, or

    • (iv) a label showing that the engine conformed to the emission standards of the California Air Resources Board that are in effect at the time its manufacture was completed.

• Marginal note:Submission

  (2) Subject to subsection (3), the declaration must be signed by the person or by their authorized representative and submitted to the Minister before the engine is imported, unless a declaration containing the information referred to in paragraphs (1)(a) to (g) has been submitted to the Canada Border Services Agency using the electronic declaration system made available by the Agency.

• Marginal note:Exception

  (3) The declaration in respect of each of the first through ninth engines that a person imports during a calendar year may be submitted to the Minister before the person imports a tenth engine during that calendar year, instead of before the importation of each engine. If the person does not import a tenth engine, a declaration is not required in respect of the first through ninth engines.

Marginal note:Subsection 153(2) of Act

• 46 (1) A company may only import an engine in reliance on subsection 153(2) of the Act if

  • (a) as the case may be,

    • (i) the engine’s manufacture will be completed in Canada,

    • (ii) the company is authorized to apply the national emissions mark to the engine and will apply it after importation, or

    • (iii) the engine is a replacement engine and the engine that it will replace will only be identified after importation; and

  • (b) the company makes a declaration to the Minister in accordance with this section.

• Marginal note:Content of declaration

  (2) Subject to subsections (3) and (4), the declaration must be submitted before the engine is imported, be signed by an authorized representative of the company and contain the following information:

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

  • (b) the name, email address and telephone number of an authorized representative of the company;

  • (c) the business number assigned to the company by the Minister of National Revenue;

  • (d) the number of engines that the company intends to import in reliance on subsection 153(2) of the Act, the name of the manufacturer and the unique identification number, make, model and model year of the engines, as well the applicable emission families;

  • (e) in the case of any engines that are installed in a machine, the name of the machine manufacturer and the make, model and type of machine;

  • (f) for each engine, a statement, as applicable, that

    • (i) the engine’s manufacture will be completed in Canada,

    • (ii) the company is authorized to apply the national emissions mark to the engine and will apply it at the location specified in their application under section 26, or

    • (iii) the engine is a replacement engine;

  • (g) if the company makes the statement referred to in subparagraph (f)(i),

    • (i) a statement from the manufacturer of the engine that the engine will, when completed in accordance with instructions provided by the manufacturer, conform to the requirements prescribed under these Regulations, and

    • (ii) a statement from the company that the engine will be completed in accordance with the instructions referred to in subparagraph (i);

  • (h) if the company makes the statement referred to in subparagraph (f)(ii),

    • (i) the authorization number assigned to it by the Minister,

    • (ii) the street address of the location where the engine will be kept until the national emissions mark is applied to it, and

    • (iii) a description of the measures that will be taken to ensure that the engine does not leave the company’s possession or control before the national emissions mark is applied to it; and

  • (i) if the company makes the statement referred to in subparagraph (f)(iii),

    • (i) the street address of the location where the engine will be kept until the evidence of conformity referred to in subsection 41(1) has been submitted, and

    • (ii) a description of the measures that will be taken to ensure that the engine does not leave the company’s possession or control before the evidence of conformity is submitted.

• Marginal note:Alternate declaration

  (3) In the case of an engine that is covered by an EPA certificate and meets either of the following conditions, the company may make a declaration that contains the information set out in paragraphs (4)(d) and 44(1)(a) to (d) instead of the information set out in paragraphs (2)(a) to (i):

  • (a) the engine will have its manufacture completed in Canada by the addition of an emission control system for exhaust emissions, or part of such a system, in a manner that conforms to the certificate and the certificate holder’s installation instructions; or

  • (b) the engine will have its manufacture completed in Canada by the addition of a complete fuel system, or part of such a system, in a manner that conforms to the certificate and the certificate holder’s installation instructions.

• Marginal note:50 engines or more

  (4) A company that imports 50 engines or more during a calendar year may submit the declaration referred to in subsection (3) after importation — but no later than March 31 of the calendar year following the calendar year during which the engine is imported — if, before importing the engine, the company submits a notice to the Minister that includes the following information:

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

  • (b) the name, email address and telephone number of an authorized representative of the company;

  • (c) the business number assigned to the company by the Minister of National Revenue; and

  • (d) a statement that the engine is covered by an EPA certificate and will, as applicable, have its manufacture completed in Canada by the addition of

    • (i) an emission control system for exhaust emissions, or part of such a system, in a manner that conforms to the certificate and the certificate holder’s installation instructions; or

    • (ii) a complete fuel system, or part of such a system, in a manner that conforms to the certificate and the certificate holder’s installation instructions.

Marginal note:Paragraph 155(1)(a) of Act

• 47 (1) For the purposes of paragraph 155(1)(a) of the Act, the declaration to be made by a person importing an engine must contain

  • (a) the person’s name, email address, telephone number, street address and, if different, mailing address;

  • (b) the name of the person’s authorized representative, if any, and their email address and telephone number;

  • (c) the business number assigned to the person by the Minister of National Revenue, if any;

  • (d) a statement of whether the person intends to import compression-ignition engines, large spark-ignition engines or both;

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

  • (f) the date on which the engine will be imported;

  • (g) the date by which the engine will be removed from Canada or destroyed;

  • (h) the engine’s unique identification number, make, model and model year and the name of the engine manufacturer; and

  • (i) if the engine is installed in a machine, the type of machine, the name of the machine manufacturer and the machine’s make and model.

• Marginal note:Submission

  (2) The declaration must be signed by the person or by their authorized representative and submitted to the Minister before the engine is imported. However, in the case of a person that imports more than 50 engines during a calendar year, the declaration may be submitted quarterly.

Format of Declarations

Marginal note:Electronic submission

48 Any declaration required under these Regulations and any declaration required under paragraph 155(1)(a) of the Act must be submitted electronically in a format provided by the Minister, but the declaration must be submitted in writing if

• (a) no format has been provided; or

• (b) it is, owing to circumstances beyond the control of the person required to submit the declaration, impracticable to submit the declaration electronically in the format provided.

Maintenance, Retention and Submission of Records

Marginal note:Records to be maintained

• 49 (1) A company must maintain records, in writing or in a readily readable electronic or optical form, that contain the following information in relation to an engine:

  • (a) the evidence of conformity referred to in section 40 or 41, as the case may be;

  • (b) a copy of any declaration made under subsection 44(1) or paragraph 46(1)(b) and any notice submitted under subsection 44(3);

  • (c) if the engine’s unique identification number includes characters that provide information in respect of the engine’s manufacture, the means by which to interpret those characters to obtain that information; and

  • (d) a copy of any written instructions required under sections 36 to 39.

• Marginal note:Period of retention

  (2) The records must be retained for a period of eight years beginning on any one of the following days, as applicable:

  • (a) in the case of the information referred to in paragraphs (1)(a), (c) and (d),

    • (i) if the engine is manufactured in Canada, the last day of the calendar year that corresponds to the model year of the engine, or

    • (ii) if the engine is imported, the day on which it is imported; and

  • (b) in the case of the information referred to in paragraph (1)(b), the day on which the declaration is made.

• Marginal note:Subsection 155(6) of Act

  (3) For the purposes of subsection 155(6) of the Act, the record maintained by a person who makes a declaration referred to in paragraph 155(1)(a) of the Act must include a copy of the declaration and documents evidencing the use of the engine in Canada and its disposition and must be kept as follows:

  • (a) in the case of the declaration,

    • (i) a copy must be kept in writing with the engine until it is disposed of, and

    • (ii) a copy must be kept in writing or in a readily readable electronic or optical form at the person’s place of business for a period of eight years beginning on the day on which the engine was disposed of; and

  • (b) in the case of the documents evidencing the use of the engine in Canada and its disposition, a copy must be kept in writing or in a readily readable electronic or optical form at the person’s place of business for a period of eight years beginning on the day on which the engine was disposed of.

• Marginal note:Location of retention

  (4) If the records referred to in subsection (1), subparagraph (3)(a)(ii) or paragraph (3)(b) are retained at a location other than a place of business of the company or person, the company or person must keep a record of the name and telephone number of a contact person at that location and the street address and, if different, the mailing address of that location.

• Marginal note:Submission to Minister

  (5) If the Minister makes a written request for a record referred to in subsection (1), the record must be submitted to the Minister in either official language

  • (a) within 40 days after the day on which the request is made; or

  • (b) if the record must be translated from a language other than English or French, within 60 days after the day on which the request is made.

Registration System

Marginal note:Auxiliary emission control device

• 50 (1) For the purposes of paragraph 153(1)(h) of the Act, the registration system maintained by a company in respect of the engines that it manufactures or imports must include the following information:

  • (a) the serial number of each engine that is equipped with an auxiliary emission control device referred to in subsection 7(2) that meets the requirements set out in paragraph 7(2)(e); and

  • (b) for each engine referred to in paragraph (a), if available,

    • (i) the number of requests received by the company or on the company’s behalf for the reset of the auxiliary emission control device and, for each request, a summary of the emergency situation in which the auxiliary emission control device was activated, based on the information provided in the request for reset, and

    • (ii) the number of times the auxiliary emission control device has been reset.

• Marginal note:Imported engines

  (2) In the case of an imported engine, the registration system in respect of the engine may be maintained by the manufacturer of the engine on the company’s behalf.

• Marginal note:Period of retention

  (3) The information included in the registration system in respect of an engine must be retained for a period of eight years beginning on the day on which the engine is imported or its manufacture is completed.

• Marginal note:Location of retention

  (4) If the registration system is retained at a location other than a place of business of the company, the company must keep a record of the name and telephone number of a contact person at that location as well as the street address and, if different, the mailing address of that location.

Rental Rate

Marginal note:Subsection 159(1) of Act

51 The annual rental rate to be paid to a company by the Minister under subsection 159(1) of the Act, prorated on a daily basis for each day that an engine is made available, is 12% of the manufacturer’s suggested retail price for the engine.

Exemption

Marginal note:Application for exemption

52 A company applying under section 156 of the Act for an exemption from conformity with any standard prescribed under these Regulations must, before manufacturing or importing the engine, submit the following information in writing to the Minister:

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

• (b) the name, email address and telephone number of an authorized representative of the company;

• (c) the province or country under the laws of which the company is established;

• (d) the standards from which an exemption is sought, including a reference to the provisions of these Regulations that prescribe the standards;

• (e) the duration requested for the exemption;

• (f) the estimated number of engines for which the exemption is sought and an estimate of the changes in emissions if the exemption is granted;

• (g) the reason for requesting the exemption, including technical and financial information that demonstrates in detail why conformity to the standards referred to in paragraph (d) would

  • (i) create substantial financial hardship for the company,

  • (ii) impede the development of new features for emission monitoring or emission control that are equivalent or superior to those that conform to prescribed standards, or

  • (iii) impede the development of new kinds of engines or engine systems or components;

• (h) if the basis of the application is substantial financial hardship,

  • (i) the world production of engines manufactured by the company or by the manufacturer that is the subject of the application in the 12-month period beginning two years before the start of the exemption period being sought, and

  • (ii) the total number of engines manufactured for, or imported into, the Canadian market in the 12-month period beginning two years before the start of the exemption period being sought; and

• (i) if the company is requesting that information submitted be treated as confidential under section 313 of the Act, the reasons for the request.

Defect Information

Marginal note:Required information

• 53 (1) The notice of defect referred to in subsections 157(1) and (4) of the Act must contain the following information:

  • (a) the name of the company giving the notice and its street address and, if different, mailing address, and the name, email address, telephone number and, if any, facsimile number of the appropriate contact person;

  • (b) for each engine in respect of which the notice is given, its make, model and model year, the name of its manufacturer, the period during which it was manufactured and any applicable emission families;

  • (c) the range or ranges of unique identification numbers for the engines in respect of which the notice is given, if known;

  • (d) a description of the machine or type of machine in or on which the engine is installed or is likely to be installed;

  • (e) the total number of engines in respect of which the notice is given or, if the total number is not known, the estimated number;

  • (f) the estimated percentage of the potentially affected engines that contain the defect;

  • (g) a description of the defect;

  • (h) an evaluation of the pollution risk arising from the defect;

  • (i) a statement of the measures to be taken to correct the defect;

  • (j) a chronology of the principal events that led to the determination of the existence of the defect, if known; and

  • (k) a description of the means available to the company to contact the current owner of each defective engine.

• Marginal note:Language of notice

  (2) The notice of defect must be given in writing and, when given to a person other than the Minister, must be

  • (a) in both official languages; or

  • (b) in the person’s official language of choice, if it is known.

• Marginal note:Initial report

  (3) A company must, within 60 days after giving a notice of defect, submit to the Minister the initial report referred to in subsection 157(7) of the Act containing

  • (a) an update to the information referred to in subsection (1), if there have been any changes to that information;

  • (b) if not already provided in the notice,

    • (i) the range or ranges of unique identification numbers for the engines in respect of which the notice is given,

    • (ii) the total number of engines in relation to which the notice of defect has been given, and

    • (iii) a chronology of the principal events that led to the determination of the existence of the defect; and

  • (c) copies of all notices, bulletins and other circulars issued by the company in respect of the defect, including a detailed description of the nature and physical location of the defect with diagrams and other illustrations as necessary.

• Marginal note:Quarterly report

  (4) If a company submits an initial report under subsection (3), it must submit, within 45 days after the end of each quarter, a quarterly report to the Minister respecting the defect and its correction that contains the following information:

  • (a) the number, title or other identification assigned by the company to the notice of defect;

  • (b) if applicable, the revised number of engines in respect of which the notice of defect was given;

  • (c) the date on which the notice of defect was given to the current owners of the affected engines and the dates of any follow-up communications; and

  • (d) the total number or percentage of engines repaired by or on behalf of the company, including engines requiring inspection only.

Transitional Provisions

Marginal note:SOR/2005-32

• 54 (1) The provisions of the Off-Road Compression-Ignition Engine Emission Regulations set out in column 1 of the table to this subsection, as they read immediately before the day on which these Regulations come into force, continue to apply to engines — other than transition engines referred to in subsection (2) — whose manufacture was completed before the day on which these Regulations come into force, instead of the provisions of these Regulations set out in column 2.

  	Column 1	Column 2
  Item	Provisions of the Off-Road Compression-Ignition Engine Emission Regulations	Provisions of the Off-road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engine Emission Regulations
  1	section 1	section 1
  2	section 3	section 3
  3	section 5	section 5
  4	sections 8 to 12, 14 and 24	sections 6 to 11, 14, 16 to 25 and 28 to 34
  5	sections 15 and 15.1	sections 36 to 39
  6	sections 16 to 17.1	sections 40 to 42
  7	section 18	section 49

• Marginal note:Transition engines

  (2) The provisions of the Off-Road Compression-Ignition Engine Emission Regulations, as they read immediately before the day on which these Regulations come into force, continue to apply to transition engines within the meaning of section 13 of those Regulations, instead of the provisions of these Regulations.

• Marginal note:References to CFR

  (3) For the purposes of this section, a reference in the Off-Road Compression-Ignition Engine Emission Regulations to a provision of the CFR is to be read as a reference to that provision as it read immediately before the day on which these Regulations come into force.

Amendments to These Regulations

55 [Amendments]

56 [Amendments]

Related Amendments

Off-Road Small Spark-Ignition Engine Emission Regulations

57 [Amendments]

58 [Amendments]

59 [Amendments]

60 [Amendments]

61 [Amendments]

62 [Amendments]

63 [Amendments]

64 [Amendments]

65 [Amendments]

66 [Amendments]

67 [Amendments]

68 [Amendments]

69 [Amendments]

70 [Amendments]

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

71 [Amendments]

72 [Amendments]

73 [Amendments]

74 [Amendments]

75 [Amendments]

76 [Amendments]

77 [Amendments]

Repeal

78 The Off-Road Compression-Ignition Engine Emission RegulationsFootnote ³ are repealed.

• Return to footnote ³SOR/2005-32

Coming into Force

Marginal note:Registration

• 79 (1) Subject to subsections (2) and (3), these Regulations come into force on the day on which they are registered.

• Marginal note:Six months after registration

  (2) Sections 1 to 25, 28 to 54 and 57 to 78 come into force on the day that, in the sixth month after the month in which these Regulations are registered, has the same calendar number as the day on which they are registered or, if that sixth month has no day with that number, the last day of that sixth month.

• Marginal note:Eighteen months after registration

  (3) Sections 55 and 56 come into force on the day that, in the eighteenth month after the month in which these Regulations are registered, has the same calendar number as the day on which they are registered or, if that eighteenth month has no day with that number, the last day of that eighteenth month.

SCHEDULE(Subsection 27(1))National Emissions Mark