Off-road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engine Emission Regulations (SOR/2020-258)

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.