On-Road Vehicle and Engine Emission Regulations (SOR/2003-2)

Emission-related Information Labels

• 34 (1) In the case of a model of vehicle or engine in respect of which the Governor in Council has, by order, granted an exemption under section 156 of the Act:

  • (a) a label shall be securely applied to the windshield or side window of every vehicle of that model or every vehicle equipped with the engine of that model; and

  • (b) a label shall be permanently applied immediately beside the national emissions mark, or if there is no national emissions mark, in a location described in subsection 8(3) that is resistant to or protected against any weather conditions.

• (2) The labels referred to in subsection (1) shall set out, in both official languages, the standard for which the exemption has been granted, as well as the title and date of the order.

Records

Evidence of Conformity

• 35 (1) Subject to subsection (1.1), in the case of a vehicle or engine that is covered by an EPA certificate and that, as authorized by subsection 19(1), conforms to the certification and in-use standards referred to in the EPA certificate instead of the standards set out in sections 11 to 17, evidence of conformity for the purpose of paragraph 153(1)(b) of the Act in respect of a company shall consist of

  • (a) a copy of the EPA certificate covering the vehicle or the engine and, in the case of a tractor that is equipped with an auxiliary power unit, a copy of the EPA certificate covering the unit;

  • (b) one or both of the following:

    • (i) a document demonstrating that the vehicles or engines covered by the EPA certificate are sold concurrently in Canada and the United States,

    • (ii) a document demonstrating that the vehicle or engine covered by the EPA certificate bears the national emissions mark;

  • (c) a copy of the records submitted to the EPA in support of the application for the EPA certificate in respect of the vehicle or the engine and any application for an amendment to that EPA certificate and any records submitted to the EPA to maintain that EPA certificate;

  • (d) a U.S. emission control information label, or in the case of a heavy-duty engine a U.S. engine information label, that is permanently affixed to the vehicle or engine in the form and location set out in

    • (i) section 1807 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR for the applicable model year of light-duty vehicle, light-duty truck, medium-duty passenger vehicle, Class 2B vehicle or Class 3 vehicle,

    • (ii) section 413 of Title 40, chapter I, subchapter C, part 86, subpart E, of the CFR for the applicable model year of motorcycle,

    • (iii) section 35 of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR for the applicable model year of heavy-duty vehicle other than medium-duty passenger vehicles, Class 2B vehicles and Class 3 vehicles, and

    • (iv) section 35 of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR for the applicable model year of heavy-duty engine; and

  • (e) in the case of a tractor of a specific model year that is equipped with an auxiliary power unit, the U.S. engine information label that is permanently affixed to the auxiliary power unit in the form and location set out in

    • (i) for the 2021 to 2023 model years, section 135 of Title 40, chapter I, subchapter U, part 1039, subpart B, of the CFR, and

    • (ii) for the 2024 and later model years, section 699(k) of Title 40, chapter I, subchapter U, part 1039, subpart G, of the CFR.

• (1.1) For the purpose of paragraph 153(1)(b) of the Act, if it is impracticable for a company to obtain the evidence of conformity referred to in subparagraph (1)(b)(i) or (ii) in respect of a vehicle or engine referred to in subsection (1), the company shall obtain and produce evidence of conformity for the vehicle or the engine in a form and manner satisfactory to the Minister, instead of as specified in subsection (1), and submit that evidence to the Minister before importing the vehicle or the engine or applying a national emissions mark to it.

• (2) For the purpose of subsection (1), the U.S. emission control information label may be affixed to the vehicle or engine in any other form and location that may be specified in the CFR.

• 35.1 (1) In the case of an equivalent vehicle referred to in section 19.1, evidence of conformity for the purpose of paragraph 153(1)(b) of the Act in respect of a company shall consist of

  • (a) a written statement that the vehicle has the same emission control features as the vehicle tested to obtain the EPA certificate and has no features that could cause it to have a higher level of emissions than that certified vehicle;

  • (b) a copy of the EPA certificate covering the vehicle to which it is equivalent;

  • (c) a copy of the records submitted to the EPA in support of the application for the EPA certificate in respect of the vehicle to which it is equivalent and any application for an amendment to that EPA certificate and any records submitted to the EPA to maintain that EPA certificate;

  • (d) for the 2016 and earlier model years, an emission control information label that is permanently affixed to the vehicle in a readily accessible location and that contains information that is equivalent to the information required under

    • (i) section 1807(a) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR for the applicable model year of the light-duty vehicle, light-duty truck, medium-duty passenger vehicle, Class 2B vehicle or Class 3 vehicle, other than the statement of compliance referred to in section 1807(a)(3)(v) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR,

    • (ii) section 413 of Title 40, chapter I, subchapter C, part 86, subpart E, of the CFR for the applicable model year of the motorcycle, other than the statement of compliance referred to in section 413(a)(4)(viii) of Title 40, chapter I, subchapter C, part 86, subpart E, of the CFR, or

    • (iii) section 35 of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR for the applicable model year of the heavy-duty vehicle other than medium-duty passenger vehicles, Class 2B vehicles and Class 3 vehicles, other than the statements of compliance referred to in sections 35(a)(2)(iii)(E)(2), 35(a)(3)(iii)(H), 35(a)(4)(iii)(E) and 35(d)(2) of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR; and

  • (d.1) for the 2017 and later model years, an emission control information label that is permanently affixed to the vehicle in a readily accessible location and that contains information that is equivalent to the information required under the CFR provisions referred to in subparagraphs (d)(i) to (iii) and either

    • (i) a national emissions mark, or

    • (ii) the statement “THIS VEHICLE CONFORMS TO ALL APPLICABLE STANDARDS PRESCRIBED BY THE ON-ROAD VEHICLE AND ENGINE EMISSION REGULATIONS / CE VÉHICULE EST CONFORME À TOUTES LES NORMES QUI LUI SONT APPLICABLES EN VERTU DU RÈGLEMENT SUR LES ÉMISSIONS DES VÉHICULES ROUTIERS ET DE LEURS MOTEURS”.

  • (e) additional evidence, obtained and produced in a form and manner satisfactory to the Minister, establishing that the vehicle and the vehicle covered by the EPA certificate are equivalent in that they share all the features described in the CFR that are used by the EPA to classify vehicles into test groups or engine families and, as applicable, families based on evaporative emissions, refueling emissions or permeation emissions.

• (2) A company shall submit the evidence of conformity referred to in paragraphs (1)(a) and (b) to the Minister before importing a vehicle or applying a national emissions mark to it.

• 36 (1) For the purpose of paragraph 153(1)(b) of the Act, a company shall obtain and produce evidence of conformity for a vehicle or engine other than one referred to in section 35 or 35.1 in a form and manner satisfactory to the Minister instead of as specified in that section.

• (2) A company shall submit the evidence of conformity to the Minister before importing a vehicle or engine or applying a national emissions mark to it.

36.1 For greater certainty, a company that imports a vehicle or engine or applies a national emissions mark to it under subsection 153(2) of the Act is not required to provide the evidence of conformity referred to in subsection 36(1) to the Minister before importing it or applying a national emissions mark to it, but must provide that evidence in accordance with subsection 153(2) before the vehicle or engine leaves the possession or control of the company and, in the case of a vehicle, before it is presented for registration under the laws of a province or an aboriginal government.

Fleet Average Records

• 37 (1) A company shall maintain records containing the following information for each of its fleets described in sections 21 to 23, 24.1 to 24.4, 24.6, 24.7 and 24.10:

  • (a) the model year;

  • (b) the applicable fleet average standard;

  • (c) the average value achieved

    • (i) in the case of NO_X emissions, under section 24 or 25,

    • (ii) in the case of NMOG + NO_X emissions, under section 24.5 or 25.1,

    • (iii) in the case of cold NMHC emissions, under section 24.8 or 25.2, and

    • (iv) in the case of evaporative emissions, under section 24.11 or 25.3; and

  • (d) all values used in calculating the average values referred to in subparagraphs (c)(i) to (iv).

• (2) For each vehicle in a fleet described in subsection (1), the company shall maintain records containing the following information:

  • (a) the model and model year;

  • (b) the applicable fleet average standard;

  • (c) in the case of a vehicle covered by an EPA certificate, the applicable test group described in Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR;

  • (d) the name and street address of the plant where the vehicle was assembled;

  • (e) the vehicle identification number;

  • (f) the emission standard to which the vehicle conforms; and

  • (g) the name and street or mailing address of the first purchaser of the vehicle in Canada.

Records Concerning Subfleet Average Emission Values for Motorcycles

37.1 A company shall maintain records containing the following information for each of its subfleets of motorcycles:

• (a) the model year;

• (b) all values used in calculating the average HC+NO_x values and average fuel tank permeation values reported in its end of model year report; and

• (c) for each motorcycle in the subfleet,

  • (i) the model,

  • (ii) the name and street address of the plant where it was assembled,

  • (iii) its vehicle identification number, and

  • (iv) the name and street or mailing address of the first purchaser in Canada.

Maintenance and Submission of Records

• 38 (1) A company shall maintain, in writing or in a readily readable electronic or optical form

  • (a) the records referred to in paragraph 153(1)(g) of the Act and the evidence of conformity referred to in paragraphs 35(1)(a) to (c), subsection 35(1.1), paragraphs 35.1(1)(a) to (c) and, if applicable, (e) and subsection 36(1) for a period of

    • (i) at least eight years after the date of manufacture, for engines and vehicles, other than motorcycles, and

    • (ii) at least six years after the date of manufacture, for motorcycles;

  • (b) for light-duty vehicles, light-duty trucks and medium-duty passenger vehicles, in respect of each model year, the records referred to in section 37 and a copy of its end of model year report under section 32, for a period of eight years after the end of the model year; and

  • (c) for motorcycles, in respect of each model year, the records referred to in section 37.1 and a copy of its end of model year report under section 32.7, for a period of three years after the due date of the end of model year report.

• (2) If the evidence of conformity and records referred to in subsection (1) are maintained on behalf of a company, the company shall keep a record of the name and street address and, if different, the mailing address of the person who maintains those records.

• (3) If the Minister makes a written request for the evidence of conformity or the records referred to in subsections (1) and (2), or a summary of any of them, the company shall provide the Minister with the evidence of conformity, records or summary, in either official language, within

  • (a) 40 days after the request is delivered to the company; or

  • (b) if the evidence of conformity or records referred to in section 35, 35.1 or 36 must be translated from a language other than French or English, 60 days after the request is delivered to the company.