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

Information Regarding Suspension or Revocation of EPA Certificate

38.1 If an EPA certificate referred to in section 19 or 19.1 is suspended or revoked, the company shall submit the following information to the Minister within 60 days after the day on which the certificate is suspended or revoked:

• (a) its name, address and telephone number;

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

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

• (d) the make, model and model year of the vehicles and engines that are covered by the EPA certificate or of the vehicles that are equivalent to a vehicle that is covered by the EPA certificate, as the case may be.

Importation Requirements and Documents

Declaration Prior to Importation

• 39 (1) Subject to subsection (2), for the purpose of paragraph 153(1)(b) of the Act, any company that intends to import a light-duty vehicle, light-duty truck, medium-duty passenger vehicle or motorcycle during a given calendar year shall submit, prior to the first importation of a vehicle of a given class during that calendar year, a declaration in respect of that class to the Minister in a form and manner that is satisfactory to the Minister. This declaration must be signed by a duly authorized representative of the company and contain the following information:

  • (a) the name, email address, phone number, street address and, if different, mailing address of the importer;

  • (b) the class of the vehicle; and

  • (c) a statement that the vehicle will bear the national emissions mark or that the company will have the evidence of conformity referred to in section 35, 35.1 or 36.

• (2) A company that imports a light-duty vehicle, light-duty truck, medium-duty passenger vehicle or motorcycle destined for first retail sale and that is authorized to apply and has applied the national emissions mark to the vehicle is exempt from the obligation of submitting the declaration to the Minister.

• 39.1 (1) Subject to subsection (2), for the purpose of paragraph 153(1)(b) of the Act, any company that intends to import a heavy-duty vehicle or a heavy-duty engine during a given calendar year shall submit, prior to the first importation of the vehicle or engine during that calendar year, a declaration to the Minister in a form and manner that is satisfactory to the Minister. This declaration must be signed by a duly authorized representative of the company and contain the following information:

  • (a) the name, email address, phone number, street address and, if different, mailing address of the importer;

  • (b) an indication of whether the import consists of

    • (i) a heavy-duty vehicle and, if applicable, a tractor that is equipped with an auxiliary power unit, or

    • (ii) a heavy-duty engine; and

  • (c) a statement that the vehicle or engine will bear the national emissions mark or that the company will have the evidence of conformity referred to in section 35, 35.1 or 36.

• (2) A company that imports a heavy-duty vehicle or heavy-duty engine destined for first retail sale and that is authorized to apply and has applied the national emissions mark to the vehicle or engine is exempt from the obligation of submitting the declaration to the Minister.

• 40 (1) Subject to subsection (2), a person that is not a company and that intends to import a vehicle or engine shall submit, prior to the importation, a declaration to the Minister in a form and manner that is satisfactory to the Minister. This declaration must be signed by the person or their duly authorized representative and contain the following information:

  • (a) the name, email address, phone number, street address and, if different, mailing address of the importer;

  • (b) the name of the manufacturer of the vehicle or engine;

  • (c) the expected date of the importation;

  • (d) in the case of a vehicle, the class, make, model, model year and, if known, identification number of the vehicle;

  • (e) in the case of an engine, the make, model, model year and, if known, identification number of the engine; and

  • (f) a statement

    • (i) from the person or their duly authorized representative that the vehicle or engine bears

      • (A) the national emissions mark,

      • (B) the U.S. emission control information label or, in the case of a heavy-duty engine, the U.S. engine information label referred to in paragraph 35(1)(d), showing that the vehicle or engine conformed to the EPA emission standards in effect when the main assembly of the vehicle or the manufacture of the engine, as the case may be, was completed, or

      • (C) a label showing that the vehicle or engine conformed to the emission standards of the California Air Resources Board in effect when the main assembly of the vehicle or the manufacture of the engine, as the case may be, was completed, or

    • (ii) from the manufacturer or its duly authorized representative that, as the case may be,

      • (A) the vehicle conformed to the standards set out in these Regulations or to the standards referred to in clause (i)(B) or (C) when its main assembly was completed, or

      • (B) the engine conformed to the standards set out in these Regulations or to the standards referred to in clause (i)(B) or (C) when its manufacture was completed.

• (2) A person that is not a company and that imports no more than 10 engines or no more than 10 vehicles in a calendar year is exempt from the obligation of submitting the declaration to the Minister.

• 41 (1) The declaration referred to in paragraph 155(1)(a) of the Act shall be signed by the person referred to in that paragraph or their duly authorized representative and shall contain

  • (a) the name, email address, phone number, street address and, if different, mailing address of the importer;

  • (b) the name of the manufacturer of the vehicle or engine;

  • (c) the expected date of the importation;

  • (d) in the case of a vehicle, the class, make, model, model year and identification number of the vehicle;

  • (e) in the case of an engine, a description of the engine;

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

  • (g) the date on which the vehicle or engine will be removed from Canada or destroyed.

• (2) The declaration shall be filed with the Minister

  • (a) prior to the import of the vehicle or engine; or

  • (b) in the case of a company whose world production of vehicles or engines is 2,500 or more a year, as described in paragraph (a) or quarterly.

42 A company that imports a vehicle or engine in reliance on subsection 153(2) of the Act shall submit a declaration to the Minister, signed by its duly authorized representative, that contains the following information:

• (a) the name, email address, phone number, street address and, if different, mailing address of the importer;

• (b) the name of the manufacturer of the vehicle or engine;

• (c) the expected date of the importation;

• (d) in the case of a vehicle, the class, make, model, model year and identification number of the vehicle;

• (e) in the case of an engine, a description of the engine;

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

• (g) a statement that the vehicle or engine will be completed in accordance with the instructions referred to in paragraph (f).

Additional Information Regarding the Importation of Heavy-Duty Vehicles and Heavy-Duty Engines

42.1 A company that imports a heavy-duty vehicle or a heavy-duty engine shall, no later than June 30 of the calendar year following the calendar year during which the importation occurs, submit the following information to the Minister in a form and manner that is satisfactory to the Minister:

• (a) the name of the importer;

• (b) the name of the manufacturer of the heavy-duty vehicle or heavy-duty engine; and

• (c) the make, model and model year of the heavy-duty vehicle or heavy-duty engine.

Rental Rate

43 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 a vehicle or engine is made available, is 21% of the manufacturer’s suggested retail price of the vehicle or engine.

Application for Exemption

• 44 (1) A company applying under section 156 of the Act for an exemption from conformity with any standard prescribed under these Regulations shall, before importing an engine or vehicle or applying a national emissions mark to an engine or vehicle, submit in writing to the Minister

  • (a) its name, street address and, if different, its mailing address;

  • (b) the province or country under the laws of which it is established;

  • (c) the section number, title and text or substance of the standards from which an exemption is sought;

  • (d) the duration requested for the exemption;

  • (e) the reason for requesting an exemption; and

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

  • (g) [Repealed, SOR/2006-268, s. 15]

• (2) If the basis of an application for an exemption is substantial financial hardship, the company shall include in the submission to the Minister

  • (a) the world production of vehicles or engines manufactured by the company or by the manufacturer of the model that is the subject of the application in the 12 month period beginning two years before the beginning of the period in respect of which the exemption is applied for;

  • (b) the total number of vehicles or engines manufactured for, or imported into, the Canadian market in the 12 month period beginning two years before the beginning of the period in respect of which the exemption is applied for;

  • (c) technical and financial information demonstrating in detail why conformity to the standards referred to in paragraph (1)(c) would create substantial financial hardship, including

    • (i) a list of each of the items that would have to be altered in order to achieve conformity,

    • (ii) an itemized and detailed description of the estimated cost to make the alterations referred to in subparagraph (i)

      • (A) at the end of one year after the day on which the application is submitted, if the duration of the requested exemption is for a period of one year or more but less than two years,

      • (B) at the end of two years after the day on which the application is submitted, if the duration of the requested exemption is for a period of two years or more but less than three years, or

      • (C) at the end of three years after the day on which the application is submitted, if the duration of the requested exemption is for a period of three years,

    • (iii) the estimated price increase per vehicle or engine to counter the total costs incurred pursuant to subparagraph (ii) and a statement of the anticipated effect of each such price increase, and

    • (iv) corporate balance sheets and income statements for the three fiscal years immediately preceding the filing of the application;

    • (v) [Repealed, SOR/2013-8, s. 22]

  • (d) a description of the company’s efforts to conform to the standards from which the exemption is sought, including

    • (i) a description of any other means of achieving conformity that were considered and the reasons for rejecting each of them, and

    • (ii) a description of the steps to be taken while the exemption is in effect and the estimated date by which conformity will be achieved through design changes or the termination of the production of non-conforming vehicles or engines; and

  • (e) a copy of the research, development and testing documentation establishing that an exemption would not substantially diminish the control of emissions of the vehicle or engine, including

    • (i) a statement of the reasons why not conforming to the prescribed standards would not substantially diminish the control of emissions of the vehicle or engine, and

    • (ii) a description of other means of achieving conformity with the prescribed standards that were considered by the company and the reasons for rejecting each of them.

• (3) If the basis of an application for exemption is the development of new emission monitoring or emission control features that are equivalent or superior to those that conform to the prescribed standards, the company shall include in the submission to the Minister

  • (a) a description of the new features;

  • (b) a copy of the research, development and testing documentation establishing the innovative nature of the new features;

  • (c) an analysis of how the level of performance of the new features is equivalent or superior to the level of performance established by the prescribed standards, including

    • (i) a detailed description of how a vehicle or engine equipped with the new features would, if exempted, differ from a vehicle or engine that conforms to the prescribed standards, and

    • (ii) the results of tests conducted on the new features that demonstrate a level of performance that is equivalent or superior to that required by the prescribed standards;

  • (d) evidence that an exemption would facilitate the development or the field evaluation of the vehicle or engine; and

  • (e) a statement as to whether the company intends, at the end of the exemption period,

    • (i) to conform to the prescribed standards,

    • (ii) to apply for a further exemption, or

    • (iii) to request that the prescribed standards be amended to incorporate the new features.

• (4) If the basis of an application for exemption is the development of new kinds of vehicles, engines or vehicle or engine systems or components, the company shall include in the submission to the Minister

  • (a) a copy of the research, development and testing documentation establishing that an exemption would not substantially diminish the control of emissions of the vehicle or engine, including

    • (i) a detailed description of how the vehicle or engine equipped with the new kinds of vehicle systems or components would, if exempted, differ from one that conforms to the prescribed standards,

    • (ii) the reasons why not conforming to the prescribed standards does not substantially diminish the control of emissions of the vehicle or engine, and

    • (iii) a description of other means of achieving conformity that were considered and the reasons for rejecting each of them;

  • (b) evidence that an exemption would facilitate the development or the field evaluation of the vehicle or engine; and

  • (c) a statement as to whether the company intends, at the end of the exemption period, to conform to the standards prescribed by these Regulations.

• (5) If a company wishes to obtain a new exemption to take effect after the expiration of an exemption referred to in subsection (3) or (4), the company shall submit, in writing, to the Minister

  • (a) the information required under subsection (3) or (4), as the case may be; and

  • (b) a statement of the total number of vehicles or engines sold in Canada under the expiring exemption.