Interpretation

Marginal note:Definitions

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

  Act

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

  advanced technology vehicle

  advanced technology vehicle means an electric vehicle, a plug-in hybrid electric vehicle or a fuel cell vehicle. (véhicule à technologie de pointe)

  alcohol dual fuel vehicle

  alcohol dual fuel vehicle means a vehicle that

  • (a) is designed to operate either on

    • (i) alcohol fuel or gasoline, or

    • (ii) alcohol fuel or diesel fuel;

  • (b) yields equal or greater energy efficiency, calculated in accordance with section 510(g)(1) of Title 40, chapter I, part 600, subpart F, of the CFR, while operating on alcohol fuel as it does while operating on gasoline or diesel fuel; and

  • (c) meets or exceeds the minimum driving range set out in section 5(a) of Title 49, subtitle B, chapter V, part 538, of the CFR. (véhicule à alcool à double carburant)

  alcohol fuel

  alcohol fuel means a fuel mixture containing 85% or more by volume of methanol, ethanol, or other alcohols. (alcool carburant)

  approach angle

  approach angle means the smallest angle, in a plan side view of a vehicle, formed by the level surface on which the vehicle is standing and a line tangent to the front tire static loaded radius arc and touching the underside of the vehicle forward of the front tire. (angle d’approche)

  automobile

  automobile means any four-wheeled self-propelled vehicle that is designed for use on highways and that has a GVWR of less than 4 536 kg (10,000 pounds), except

  • (a) a vehicle manufactured in different stages by two or more manufacturers, if no intermediate or final-stage manufacturer of that vehicle manufactures more than 10,000 multistage vehicles per year; and

  • (b) a work truck. (automobile)

  axle clearance

  axle clearance means the vertical distance from the level surface on which a vehicle is standing to the lowest point on the axle differential of the vehicle. (garde au sol sous les essieux)

  break-over angle

  break-over angle means the supplement of the largest angle, in the plan side view of a vehicle, that can be formed by two lines tangent to the front and rear static loaded radii arcs and intersecting at a point on the underside of the vehicle. (angle de rampe)

  cargo box length at the floor

  cargo box length at the floor means the longitudinal distance between the inside front of the cargo box and the inside of the closed endgate as measured at the surface of the cargo box floor along the vehicle’s centreline. (longueur de caisse au plancher)

  cargo box length at the top of the body

  cargo box length at the top of the body means the longitudinal distance between the inside front of the cargo box and the inside of the closed endgate as measured at the height of the top of the cargo box along the vehicle’s centreline. (longueur de caisse au sommet de la carrosserie)

  cargo box width

  cargo box width means the width of the cargo box as measured at the cargo box’s narrowest point between the wheelhouses. (largeur de la caisse de chargement)

  car line

  car line[Repealed, SOR/2014-207, s. 1]

  CFR

  CFR means the Code of Federal Regulations of the United States as amended from time to time. (CFR)

  CO₂

  CO₂ means carbon dioxide. (CO₂)

  curb weight

  curb weight means, at the manufacturer’s choice, the actual or manufacturer’s estimated weight of a vehicle in operational status with all standard equipment and weight of fuel at nominal tank capacity and the weight of optional equipment. (masse en état de marche)

  departure angle

  departure angle means the smallest angle, in a plan side view of a vehicle, formed by the level surface on which the vehicle is standing and a line tangent to the rear tire static loaded radius arc and touching the underside of the vehicle rearward of the rear tire. (angle de sortie)

  electric vehicle

  electric vehicle means a vehicle that

  • (a) conforms to the emission standards of bin 1 set out in a horizontal row in Table S04-1 in section 1811 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR;

  • (b) is powered solely by an electric motor drawing current from a rechargeable energy storage system, provided that recharge energy can be drawn from a source that is not on-board the vehicle; and

  • (c) does not have an on-board combustion engine-generator system as a means of providing electrical energy. (véhicule électrique)

  emergency vehicle

  emergency vehicle means a vehicle that is manufactured primarily for use as an ambulance or a police vehicle. (véhicule d’urgence)

  EPA

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

  EPA certificate

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

  fire fighting vehicle

  fire fighting vehicle means a passenger automobile or light truck that is designed to be used under emergency conditions to transport personnel and equipment and to support the suppression of fires and the mitigation of other emergency situations. (véhicule d’incendie)

  footprint

  footprint means the result of the product of the average width (measured in inches and rounded to the nearest tenth of an inch) of the lateral distance between the centrelines of the front and rear base tires at ground, multiplied by the longitudinal distance between the front and rear wheel centrelines (measured in inches and rounded to the nearest tenth of an inch), divided by 144 and rounded to the nearest tenth of a square foot. (empreinte)

  fuel cell vehicle

  fuel cell vehicle means an electric vehicle propelled solely by an electric motor, the energy for the motor being supplied by an electrochemical cell that produces electricity without fuel combustion. (véhicule à pile à combustible)

  full-size pick-up truck

  full-size pick-up truck means a light truck that has a passenger compartment and a cargo box without a permanently fixed roof and that meets the following specifications:

  • (a) a cargo box width of 121.9 cm (48 inches) or more;

  • (b) a cargo box length of 152.4 cm (60 inches) or more, which length corresponds to the lesser of the cargo box length at the top of the body and the cargo box length at the floor; and

  • (c) a towing capability of 2 267 kg (5,000 pounds) or more or a payload capability of 771 kg (1,700 pounds) or more. (grosse camionnette)

  GCWR

  GCWR means the gross combination weight rating specified by a manufacturer as the maximum combined weight of a towing vehicle, its passengers and its cargo, plus the weight of the trailer and its cargo. (PNBC)

  GVWR

  GVWR means the gross vehicle weight rating specified by a manufacturer as the maximum design loaded weight of a single vehicle. (PNBV)

  hybrid electric vehicle

  hybrid electric vehicle means a vehicle that is powered by an electric motor drawing current from a rechargeable energy storage system from an on-board electric source and by an internal combustion engine or heat engine. (véhicule électrique hybride)

  light truck

  light truck means an automobile

  • (a) that has four-wheel drive or a GVWR of more than 2 722 kg (6,000 pounds) and that has at least four of the following characteristics calculated when the automobile is at curb weight, on a level surface, with the front wheels parallel to the automobile’s longitudinal centreline and the tires inflated to the manufacturer’s recommended pressure:

    • (i) approach angle of not less than 28 degrees,

    • (ii) break-over angle of not less than 14 degrees,

    • (iii) departure angle of not less than 20 degrees,

    • (iv) running clearance of not less than 20 centimetres,

    • (v) front and rear axle clearances of not less than 18 centimetres; or

  • (b) that is designed to perform at least one of the following functions:

    • (i) transport more than 10 persons,

    • (ii) provide temporary living quarters,

    • (iii) transport property on an open bed,

    • (iv) provide greater cargo-carrying than passenger-carrying volume, the cargo-carrying volume of a vehicle sold with a second-row seat being determined with that seat installed, regardless of whether or not the manufacturer has described that seat as optional,

    • (v) permit expanded use of the automobile for cargo-carrying purposes through the removal or stowing of seats to create a flat surface extending from the forwardmost point of installation of those seats to the rear of the automobile’s interior, with automobiles of the 2012 and subsequent model years being equipped with at least three rows of designated seating positions as standard equipment. (camion léger)

  mild hybrid electric technology

  mild hybrid electric technology means a technology that includes automatic start/stop capability and regenerative braking capability, and with which the recovered energy is at least 15% but less than 65% of the total braking energy, as determined in accordance with the test procedure set out in section 116(d) of Title 40, chapter I, part 600, subpart B, of the CFR. (technologie électrique hybride légère)

  model type

  model type means passenger automobiles or light trucks that have the same combination of car line, transmission class and basic engine or basic electric motor. (type de modèle)

  model year

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

  natural gas dual fuel vehicle

  natural gas dual fuel vehicle means a vehicle that

  • (a) is designed to operate either on

    • (i) natural gas or gasoline, or

    • (ii) natural gas or diesel fuel;

  • (b) yields equal or greater energy efficiency, calculated in accordance with section 510(g)(1) of Title 40, chapter I, part 600, subpart F, of the CFR, while operating on natural gas as it does while operating on gasoline or diesel fuel; and

  • (c) meets or exceeds the minimum driving range set out in section 5(a) of Title 49, subtitle B, chapter V, part 538, of the CFR. (véhicule à gaz naturel à double carburant)

  natural gas vehicle

  natural gas vehicle means a vehicle designed to operate exclusively on natural gas. (véhicule au gaz naturel)

  nominal tank capacity

  nominal tank capacity means the volume of the fuel tank specified by the manufacturer to the nearest three eighths of a litre (one tenth of a U.S. gallon).  (capacité nominale du réservoir à carburant)

  passenger automobile

  passenger automobile means any automobile, other than a light truck, that is designed for use in the transportation of not more than 10 persons. (automobile à passagers)

  payload capability

  payload capability means the difference between the GVWR and curb weight of a vehicle. (charge utile)

  plug-in hybrid electric vehicle

  plug-in hybrid electric vehicle means a hybrid electric vehicle that has the capability to recharge its energy storage system from an electric source that is not on board the vehicle. (véhicule électrique hybride rechargeable)

  running clearance

  running clearance means the vertical distance from the level surface on which a vehicle is standing to the lowest point on the vehicle, excluding any point on a component that forms part of the vehicle’s unsprung weight. (jeu fonctionnel)

  static loaded radius arc

  static loaded radius arc means a portion of a circle whose centre is the centre of a standard tire-rim combination of a vehicle and whose radius is the distance from that centre to the level surface on which the vehicle is standing, measured with the vehicle at curb weight, the wheel parallel to the vehicle’s longitudinal centreline and the tire inflated to the manufacturer’s recommended pressure. (arc du rayon sous charge)

  strong hybrid electric technology

  strong hybrid electric technology means a technology that includes automatic start/stop capability and regenerative braking capability, and with which the recovered energy is at least 65% of the total braking energy, as determined in accordance with the test procedure set out in section 116(d) of Title 40, chapter I, part 600, subpart B, of the CFR. (technologie électrique hybride complète)

  temporary living quarters

  temporary living quarters means a space in the interior of an automobile that includes sleeping surfaces and household conveniences and in which people may temporarily live. (abri provisoire)

  towing capability

  towing capability means the difference between the GCWR and GVWR of a vehicle. (capacité de remorquage)

  transmission class

  transmission class[Repealed, SOR/2014-207, s. 1]

  useful life

  useful life means the period of time or use in respect of which an emission standard applies to a vehicle, as follows

  • (a) in the case of a passenger automobile or light truck other than a medium-duty passenger vehicle as defined in subsection 1(1) of the On-Road Vehicle and Engine Emission Regulations — 10 years or 120,000 miles; whichever occurs first; or

  • (b) in the case of a light truck that is a medium-duty passenger vehicle as defined in subsection 1(1) of the On-Road Vehicle and Engine Emission Regulations — 11 years or 120,000 miles; whichever occurs first. (durée de vie utile)

  work truck

  work truck means a vehicle that has a GVWR of more than 3 856 kg (8,500 pounds) and less than or equal to 4 536 kg (10,000 pounds) and does not include a medium-duty passenger vehicle as defined in subsection 1(1) of the On-Road Vehicle and Engine Emission Regulations. (camion de travail)

  zero-emission vehicle

  zero-emission vehicle means an automobile that is an electric vehicle, a plug-in hybrid electric vehicle or a fuel cell vehicle. (véhicule zéro émission )

• (2) [Repealed, SOR/2014-207, s. 1]

• Marginal note:CFR

  (3) 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 the Administrator of the EPA exercising discretion in any way;

  • (b) references to the Secretary of Transportation exercising discretion in any way;

  • (c) alternative standards related to fleet averages, other averages, emission credits, small volume manufacturers, or financial hardship; and

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

Marginal note:Concurrent sale

1.1 For the purposes of these Regulations, a vehicle of a specific model year that is sold in Canada is considered to be sold concurrently in Canada and in the United States if a vehicle of that model year that belongs to the same test group is offered for sale in the United States during the 365 days preceding

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

• (b) in the case of a vehicle that is manufactured in Canada,

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

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

Purpose

Marginal note:Purpose

2 The purpose of these Regulations is to reduce greenhouse gas emissions from passenger automobiles and light trucks by establishing

• (a) emission standards and test procedures that are aligned with the federal requirements of the United States; and

• (b) requirements that, beginning in model year 2026, will incrementally lead to all new passenger automobiles and light trucks being zero-emission vehicles as of model year 2035.

Background

Marginal note:Background

3 These Regulations set out

• (a) prescribed classes of vehicles for the purposes of section 149 of the Act;

• (b) requirements respecting the conformity of passenger automobiles and light trucks with greenhouse gas emission standards for the purposes of section 153 of the Act;

• (c) requirements respecting the conformity of fleets of passenger automobiles and light trucks with greenhouse gas emission standards and other requirements for carrying out the purposes of Division 5 of Part 7 of the Act;

• (d) a credit system for the purposes of section 162 of the Act;

• (e) requirements respecting the conformity of combined fleets, as defined in subsection 30.1(1), with requirements for zero-emission vehicles; and

• (f) a system of compliance units related to zero-emission vehicles.

Model Year

Marginal note:Model year

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

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

• Marginal note:Production period

  (2) The period of production of a model of vehicle must include only one January 1.

Prescribed Classes of Vehicles

Marginal note:Classes

• 5 (1) In these Regulations, subject to subsection (2), the following classes of vehicles are prescribed for the purposes of the definition vehicle in section 149 of the Act:

  • (a) passenger automobiles; and

  • (b) light trucks.

• Marginal note:Exclusion

  (2) The prescribed classes of vehicles referred to in subsection (1) do not include any vehicle that is being exported and that is accompanied by written evidence establishing that it will not be sold or used in Canada.

• Marginal note:Transportation within Canada

  (3) For the purposes of section 152 of the Act, the prescribed vehicles are the vehicles referred to in subsection (1) for which the main assembly is completed in Canada, except any vehicle that will be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing.

National Emissions Mark

Marginal note:Application

• 6 (1) Any company that intends to apply the national emissions mark set out in Schedule 2 to the On-Road Vehicle and Engine Emission Regulations to a vehicle must apply to the Minister for authorization in accordance with subsection 7(2) of those Regulations.

• Marginal note:Exception

  (2) Subsection (1) does not apply to any company that, since September 23, 2010 or an earlier date, has been authorized to apply the national emissions mark to a vehicle under the On-Road Vehicle and Engine Emission Regulations.

Marginal note:National emissions mark

7 A company that applies a national emissions mark to a vehicle must comply with section 8 of the On-Road Vehicle and Engine Emission Regulations.

Greenhouse Gas Emission Standards

General

Definition of fleet

• 8 (1) In subsection 10(2) and sections 13 to 40, fleet refers to

  • (a) all passenger automobiles or all light trucks of a specific model year that a company manufactures in Canada or imports into Canada for the purpose of sale of those vehicles to the first retail purchaser; or

  • (b) if a company makes an election under section 24, all passenger automobiles or all light trucks of a specific model year that a company manufactures in Canada or imports into Canada for the purpose of sale of those vehicles to the first retail purchaser that have not been included in the temporary optional fleet created under section 24 for that model year.

• Marginal note:Exclusions

  (2) Despite subsection (1), a company may, for the purposes of sections 13 to 40, elect to exclude from its fleets and its temporary optional fleets any of the following:

  • (a) the passenger automobiles or light trucks that it manufactures and that will be used in Canada solely for the purposes of exhibition, demonstration, evaluation or testing, if it reports its election to exclude those vehicles in its end of model year report;

  • (b) the passenger automobiles or light trucks that it imports into Canada solely for the purposes of exhibition, demonstration, evaluation or testing, if it makes a declaration in accordance with section 41 of the On-Road Vehicle and Engine Emission Regulations and reports its election to exclude those vehicles in its end of model year report.

• Marginal note:Fleets of the 2011 model year

  (3) A company’s fleet of passenger automobiles or light trucks of the 2011 model year does not include vehicles that were manufactured before September 23, 2010, unless the company elects to include all of its passenger automobiles or light trucks of the 2011 model year in the fleet in question and reports that election in its end of model year report.

• Marginal note:Emergency vehicles

  (4) Despite subsection (1), a company may, for the purposes of sections 10, 13 to 31 and 33 to 40, elect to exclude emergency vehicles from its fleets and its temporary optional fleets of passenger automobiles and light trucks of the model year corresponding to the year during which this subsection comes into force and any subsequent model year, if it reports that election in its end of model year report for that model year.

Emission Control Systems

Marginal note:On-Road Vehicle and Engine Emission Regulations

• 9 (1) An emission control system that is installed in a vehicle to enable it to conform to the standards set out in these Regulations must be in conformity with subsection 11(1) of the On-Road Vehicle and Engine Emission Regulations.

• Marginal note:Defeat device

  (2) A vehicle must not be equipped with a defeat device.

• Marginal note:Test procedures

  (3) Subsections 11(3) and (4) of the On-Road Vehicle and Engine Emission Regulations apply, except that the test procedures in question are the ones set out in section 11.

• Marginal note:Exception — emergency vehicle or fire fighting vehicle

  (4) Despite subsection (2), an emergency vehicle or fire fighting vehicle may be equipped with a defeat device if the device is one that is activated during emergency response operations to maintain speed, torque or power in either of the following circumstances:

  • (a) the emission control system is in an abnormal state; or

  • (b) the device acts to maintain the emission control system in a normal state.

Standards for Passenger Automobiles and Light Trucks

Marginal note:Nitrous oxide and methane emission standards

• 10 (1) Subject to subsection (2) and section 12, passenger automobiles and light trucks of the 2012 model year or a subsequent model year must conform to the following exhaust emission standards for nitrous oxide (N₂O) and methane (CH₄) for the applicable model year:

  • (a) the standards for nitrous oxide (N₂O) and methane (CH₄) set out in section 1818(f)(1) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR;

  • (b) the standards for nitrous oxide (N₂O) set out in section 1818(f)(1) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR and the alternative standards for methane (CH₄) determined in accordance with section 1818(f)(3) of that subpart;

  • (c) the alternative standards for nitrous oxide (N₂O) determined in accordance with section 1818(f)(3) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR and the standards for methane (CH₄) set out in section 1818(f)(1) of that subpart; or

  • (d) the alternative standards for nitrous oxide (N₂O) and methane (CH₄) determined in accordance with section 1818(f)(3) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR.

• Marginal note:Fleet emission calculation

  (2) Instead of complying with subsection (1), a company may elect to include the exhaust emissions of nitrous oxide (N₂O) and methane (CH₄) of its passenger automobiles and light trucks of a model year when calculating their carbon-related exhaust emission value as set out in subsection 18.1(2) in respect of each of its fleets of that model year.

• Marginal note:Election applicable to all models

  (3) A company that makes an election under subsection (2) must ensure that it applies to all models of passenger automobiles and light trucks that it manufactures or imports.

Marginal note:Interpretation of standards

11 The standards referred to in section 10 are the certification and in-use standards for the applicable useful life, taking into account the test procedures, fuels and calculation methods set out for those standards in subpart B of Title 40, chapter I, subchapter C, part 86 of the CFR and in subpart B of Title 40, chapter I, subchapter Q, part 600, of the CFR.

Marginal note:EPA certificate

• 12 (1) Every vehicle of a specific model year that is covered by an EPA certificate and that bears the label referred to in paragraph 36(1)(d) must conform to, instead of the standards set out in sections 9 and 10, the certification and in-use standards referred to in the EPA certificate.

• Marginal note:Subsection 153(3) of the Act

  (2) For the purposes of subsection 153(3) of the Act, the provisions of the CFR that are applicable to a vehicle referred to in subsection (1), pursuant to the EPA certificate, correspond to the certification and in-use standards referred to in subsection (1).

• Marginal note:EPA

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

Fleet Requirements — CO₂ Equivalent Emissions

General

Marginal note:Requirements respecting CO₂ equivalent emissions

13 Subject to sections 14, 20 and 21, a company must ensure that the fleet average CO₂ equivalent emission value for each fleet of its passenger automobiles and fleet of its light trucks of the 2011 and subsequent model years does not exceed the applicable fleet average CO₂ equivalent emission standard for the model year in question.

Marginal note:Non application of the standards respecting CO₂ equivalent emissions

• 14 (1) A company that manufactured or imported at least one passenger automobile or light truck but in total not more than 749 passenger automobiles and light trucks of either the 2008 or 2009 model years for sale in Canada is not subject to sections 13 and 17 to 20 for vehicles of the 2012 model year or a subsequent model year if

  • (a) the average number of passenger automobiles and light trucks that were manufactured or imported by the company for sale in Canada is less than 750 for the three consecutive model years preceding the model year that is one year before the model year in question; and

  • (b) the company submits a declaration as set out in section 35.

• Marginal note:New companies — 2017 model year and subsequent model years

  (1.1) A company that did not manufacture or import any passenger automobiles or light trucks of the 2011 to 2016 model years for sale in Canada during the 2010 to 2016 calendar years is not subject to sections 13 and 17 to 20 for vehicles of the 2017 model year or a subsequent model year if the company submits a declaration as set out in section 35 and

  • (a) in the case of the first model year for which the company manufactures or imports passenger automobiles or light trucks for sale in Canada, the company manufactures or imports in total less than 750 passenger automobiles and light trucks;

  • (b) in the case of the second model year for which the company manufactures or imports passenger automobiles or light trucks for sale in Canada, the company manufactures or imports in total less than 750 passenger automobiles and light trucks;

  • (c) in the case of the third model year for which the company manufactures or imports passenger automobiles or light trucks for sale in Canada, the company manufactures or imports in total less than 750 passenger automobiles and light trucks; and

  • (d) in the case of any subsequent model year, the average number of passenger automobiles and light trucks that are or were manufactured or imported by the company for sale in Canada for that model year and for the two preceding model years is less than 750.

• Marginal note:Conditions

  (2) If, for the three consecutive model years preceding the model year in question, the average number of passenger automobiles and light trucks that were manufactured or imported by a company for sale in Canada is equal to or greater than 750 — other than by reason of the company purchasing another company — the company becomes subject to sections 13, 17 to 20 and 33 for its passenger automobiles and light trucks of the following model year:

  • (a) if that average number is less than 7,500, that of the second model year after the last model year used to establish the average number; or

  • (b) if that average number is equal to or greater than 7,500, that of the model year after the last model year used to establish the average number.

Marginal note:Rounding — general

• 15 (1) If any of the calculations in these Regulations, except for those in paragraphs 17(4)(b) and (5)(b), subsections 17(6) and (7) and 18.1(1), (5) and (10), sections 18.2 and 18.3 and subsections 18.4(1), 30.13(1), 30.14(3) and 30.21(2) and (3), results in a number that is not a whole number, the number must be rounded to the nearest whole number in accordance with section 6 of the ASTM International method ASTM E29-93a, entitled Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications.

• Marginal note:Rounding — nearest tenth of a unit

  (2) If any of the calculations in paragraphs 17(4)(b) and (5)(b), subsections 17(6) and (7) and 18.1(1), (5) and (10), sections 18.2 and 18.3 and subsection 18.4(1) results in a number that is not a whole number, the number must be rounded to the nearest tenth of a unit in accordance with section 6 of that method.

• Marginal note:Rounding — nearest ten-thousandth of a unit

  (3) If any of the calculations in subsections 30.13(1), 30.14(3) and 30.21(2) and (3) results in a number that is not a whole number, the number must be rounded to the nearest ten-thousandth of a unit in accordance with section 6 of that method.

Fleet Average CO₂ Equivalent Emission Standards

Marginal note:Calculation of fleet average CO₂ equivalent emission standard for the 2011 model year

• 16 (1) A company must calculate the fleet average CO₂ equivalent emission standard, expressed in grams of CO₂ equivalent per mile, in respect of its fleet of passenger automobiles and its fleet of light trucks of the 2011 model year, by dividing 8,887 by the following:

  • (a) in the case of passenger automobiles, the manufacturer specific passenger automobile fuel economy level for the 2011 model year determined in accordance with section 5(b) of Title 49, subtitle B, chapter V, part 531, of the CFR, applicable to that model year; and

  • (b) in the case of light trucks, the manufacturer specific light truck fuel economy level for the 2011 model year determined in accordance with section 5(a) of Title 49, subtitle B, chapter V, part 533, of the CFR, applicable to that model year.

• Marginal note:Modification

  (2) For the purposes of subsection (1), the equation in Figure 1 set out in section 5 of parts 531 and 533 of Title 49, subtitle B, chapter V, of the CFR, is modified as follows:

  • (a) “N” is the total number of passenger automobiles or light trucks in the fleet;

  • (b) “N_i” is the number of passenger automobiles or light trucks in each group “i” in the fleet; and

  • (c) “i” is a group of passenger automobiles or light trucks of the same model type and that have the same footprint.

Marginal note:Group

• 17 (1) For the purposes of this section, passenger automobiles or light trucks of the same model type and that have the same footprint constitute a group.

• (2) [Repealed, SOR/2014-207, s. 9]

• Marginal note:Calculation of fleet average CO₂ equivalent emission standard for 2012 and subsequent model years

  (3) Subject to sections 24 and 28.1, a company must calculate the fleet average CO₂ equivalent emission standard for its fleet of passenger automobiles and its fleet of light trucks of the 2012 model year and subsequent model years in accordance with the following formula:

  (Σ (A × B)) ÷ C

  where

  A

  is the CO₂ emission target value for each group of passenger automobiles or light trucks, determined in accordance with subsection (4), (5), (6) or (7), as the case may be, and expressed in grams of CO₂ per mile;

  B

  is the number of passenger automobiles or light trucks in the group in question; and

  C

  is the total number of passenger automobiles or light trucks in the fleet.

• Marginal note:Targets — passenger automobiles of the 2012 to 2016 model years

  (4) For fleets of the 2012 to 2016 models years, the CO₂ emission target value applicable to a group of passenger automobiles of a given model year corresponds to the following:

  • (a) in the case of each group with a footprint that is less than or equal to 3.8 m² (41 square feet), the CO₂ emission target value is as set out in the following table for the model year in question:

    Item	Column 1	Column 2
    	Model Year	CO2 Emission Target Value (grams/mile)
    1	2012	244.0
    2	2013	237.0
    3	2014	228.0
    4	2015	217.0
    5	2016	206.0

  • (b) in the case of each group with a footprint that is greater than 3.8 m² (41 square feet) and less than or equal to 5.2 m² (56 square feet), the CO₂ emission target value is to be calculated using the following formula:

    (4.72 × f) + b

    where

    f

    is the footprint of the group, expressed in square feet, and

    b

    is the value set out in the following table for the model year in question:

    Item	Column 1	Column 2
    	Model Year	b
    1	2012	50.5
    2	2013	43.3
    3	2014	34.8
    4	2015	23.4
    5	2016	12.7

  • (c) in the case of each group with a footprint that is greater than 5.2 m² (56 square feet), the CO₂ emission target value is as set out in the following table for the model year in question:

    Item	Column 1	Column 2
    	Model Year	CO2 Emission Target Value (grams/mile)
    1	2012	315.0
    2	2013	307.0
    3	2014	299.0
    4	2015	288.0
    5	2016	277.0

• Marginal note:Targets — light trucks of the 2012 to 2016 model years

  (5) For fleets of the 2012 to 2016 model years, the CO₂ emission target value applicable to a group of light trucks of a given model year corresponds to the following:

  • (a) in the case of each group with a footprint that is less than or equal to 3.8 m² (41 square feet), the CO₂ emission target value is as set out in the following table for the model year in question:

    Item	Column 1	Column 2
    	Model Year	CO2 Emission Target Value (grams/mile)
    1	2012	294.0
    2	2013	284.0
    3	2014	275.0
    4	2015	261.0
    5	2016	247.0

  • (b) in the case of each group with a footprint that is greater than 3.8 m² (41 square feet) and less than or equal to 6.1 m² (66 square feet), the CO₂ emission target value is to be calculated using the following formula:

    (4.04 × f) + b

    where

    f

    is the footprint of the group, expressed in square feet, and

    b

    is the value set out in the following table for the model year in question:

    Item	Column 1	Column 2
    	Model Year	b
    1	2012	128.6
    2	2013	118.7
    3	2014	109.4
    4	2015	95.1
    5	2016	81.1

  • (c) in the case of each group with a footprint that is greater than 6.1 m² (66 square feet), the CO₂ emission target value is as set out in the following table for the model year in question:

    Item	Column 1	Column 2
    	Model Year	CO2 Emission Target Value (grams/mile)
    1	2012	395.0
    2	2013	385.0
    3	2014	376.0
    4	2015	362.0
    5	2016	348.0

• Marginal note:Targets — passenger automobiles of the 2017 model year and subsequent model years

  (6) The CO₂ emission target value applicable to a given group of passenger automobiles of the 2017 model year and subsequent model years corresponds to the value determined for that group in accordance with section 1818(c)(2)(i) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR.

• Marginal note:Targets — light trucks of the 2017 model year and subsequent model years

  (7) The CO₂ emission target value applicable to a given group of light trucks of the 2017 model year and subsequent model years corresponds to the value determined for that group in accordance with section 1818(c)(3)(i) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR.

• Marginal note:CFR version — subsections (6) and (7)

  (8) Despite the definition CFR in subsection 1(1), the provisions of the CFR referred to in subsections (6) and (7) are as they read on February 28, 2022.

Calculation of Fleet Average CO₂ Equivalent Emission Values

Marginal note:Fleet average CO₂ equivalent emission value

18 A company must calculate the fleet average CO₂ equivalent emission value for its fleet of passenger automobiles and its fleet of light trucks of the 2011 model year and subsequent model years in accordance with the following formula:

Marginal note:Fleet average carbon-related exhaust emission value for the 2011 model year

• 18.1 (1) The fleet average carbon-related exhaust emission value for the 2011 model year, expressed in grams of CO₂ equivalent per mile, is calculated by dividing 8,887 by the company’s fleet average fuel economy for that model year calculated in accordance with the following formula:

  (Σ (A × B)) ÷ C

  where

  A

  is the fuel economy level for each model type, expressed in miles per gallon, determined in accordance with the following provisions, taking into account subsection 19(2):

  • (a) in the case of advanced technology vehicles, the provisions of section 208 of Title 40, chapter I, part 600, subpart C, of the CFR, for the model year in question, or

  • (b) in all other cases, the provisions of section 510(c)(2) of Title 40, chapter I, part 600, subpart F, of the CFR, for the model year in question;

  B

  is the number of vehicles of the model type in question in the fleet; and

  C

  is the total number of vehicles in the fleet.

• Marginal note:Fleet average carbon-related exhaust emission value for 2012 model year and subsequent model years

  (2) Subject to subsections (8) and (10), a company must calculate the fleet average carbon-related exhaust emission value for each of its fleets of the 2012 model year and subsequent model years using the following formula:

  (Σ (A × B)) ÷ C

  where

  A

  is the following carbon-related exhaust emission value for each model type and includes, if an election is made under subsection 10(2), the exhaust emission for nitrous oxide (N₂O) and methane (CH₄):

  • (a) in the case of electric vehicles and fuel cell vehicles, 0 grams of CO₂ equivalent per mile,

  • (b) in the case of plug-in hybrid electric vehicles, the value determined in accordance with section 113(n)(2) of Title 40, chapter I, part 600, subpart B, of the CFR for the model year in question, taking into account subsection 19(2) and the following clarifications, and expressed in grams of CO₂ equivalent per mile:

    • (i) the value in respect of exhaust emissions is determined in accordance with section 510(j)(2) of Title 40, chapter I, part 600, subpart F, of the CFR, and

    • (ii) the equivalent value in respect of the electricity grid for the electricity that is used to recharge the energy storage system is equal to 0 grams of CO₂ equivalent per mile, or

  • (c) in all other cases, the value determined in accordance with section 510(j)(2) of Title 40, chapter I, part 600, subpart F, of the CFR, for the model year in question, taking into account subsection 19(2), and expressed in grams of CO₂ equivalent per mile;

  B

  is the number of vehicles of the model type in question in the fleet; and

  C

  is the total number of vehicles in the fleet.

• Marginal note:Advanced technology

  (3) When calculating the fleet average carbon-related exhaust emission value in accordance with subsections (1) and (2) for fleets of the 2011 to 2016 model years, a company may, for the purposes of the descriptions of B and C in subsections (1) and (2), elect to multiply the number of advanced technology vehicles in its fleet by 1.2, if the company reports that election and indicates the number of credits obtained as a result of that election in its end of model year report.

• Marginal note:Multiplier for certain vehicles

  (4) Subject to subsection (5), when calculating the fleet average carbon-related exhaust emission value in accordance with subsection (2) for fleets of the 2017 to 2024 model years, a company may, for the purposes of the descriptions of B and C in subsection (2), elect to multiply the number of advanced technology vehicles, natural gas vehicles or natural gas dual fuel vehicles in its fleet by the number set out in the following table in respect of that type of vehicle for the model year in question, if the company reports that election and indicates the number of credits obtained as a result of that election and the number of vehicles in question in its end of model year report.

  Item	Column 1	Column 2	Column 3	Column 4
  	Model Year	Electric Vehicle and Fuel Cell Vehicle Multiplier	Plug-in Hybrid Electric Vehicle Multiplier	Natural Gas Vehicle and Natural Gas Dual Fuel Vehicle Multiplier
  1	2017	2.5	2.1	1.6
  2	2018	2.5	2.1	1.6
  3	2019	2.5	2.1	1.6
  4	2020	2.25	1.95	1.45
  5	2021	2.0	1.8	1.3
  6	2022	1.5	1.3	1.0
  7	2023	1.5	1.3	1.0
  8	2024	1.5	1.3	1.0
  9	[Repealed, SOR/2023-275, s. 8]

• Marginal note:Requirement — plug-in hybrid electric vehicles

  (5) A company may make an election under subsection (4) in respect of a plug-in hybrid electric vehicle of the 2017 to 2024 model years only if the vehicle has an all-electric driving range equal to or greater than 16.4 km (10.2 miles) or an equivalent all-electric driving range equal to or greater than 16.4 km (10.2 miles). The all-electric driving range and the equivalent all-electric driving range are determined in accordance with section 1866(b)(2) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR.

• Marginal note:Maximum decrease for dual fuel vehicles

  (6) For the purposes of subsections (1) and (2) for fleets of the 2011 to 2015 model years, and for the purposes of section 29 for fleets of the 2008 to 2010 model years, if the fleet contains alcohol dual fuel vehicles or natural gas dual fuel vehicles, the fleet average carbon-related exhaust emission value is the greater of

  • (a) the fleet average carbon-related exhaust emission value calculated in accordance with subsections (1) and (2), and

  • (b) the fleet average carbon-related exhaust emission value calculated in accordance with subsections (1) and (2) with the assumption that all alcohol dual fuel vehicles and natural gas dual fuel vehicles operate exclusively on gasoline or diesel fuel, minus the applicable limit set out in section 510(i) of Title 40, chapter I, part 600, subpart F, of the CFR.

• Marginal note:Alternative value

  (7) For the purposes of section 510(j)(2)(vi) of Title 40, chapter I, part 600, subpart F, of the CFR, a company may use an alternative value for the weighting factor “F” if the company provides the Minister with evidence demonstrating that the alternative value is more representative of its fleet.

• Marginal note:Maximum number — until 2016 model year

  (8) For the purposes of paragraphs (a) and (b) of the description of A in subsection (2), a company must replace the carbon-related exhaust emission value, referred to in the description of A in that subsection, with the value determined under subsection (10) for all of the electric vehicles and plug-in hybrid electric vehicles in its fleets of the model year corresponding to the year during which this subsection comes into force, and subsequent model years until the 2016 model year, that are in excess of the following applicable maximum number of advanced technology vehicles:

  • (a) 30,000 vehicles, in the case of a company that manufactured or imported less than 3,750 advanced technology vehicles of the 2012 model year for sale in Canada and that has already included 30,000 advanced technology vehicles in its fleets of the 2011 to 2016 model years, or in its fleets of the 2008 to 2016 model years, if the company obtained early action credits in respect of its fleets of the 2008 to 2010 model years; or

  • (b) 45,000 vehicles, in the case of a company that manufactured or imported 3,750 or more advanced technology vehicles of the 2012 model year for sale in Canada and that has already included 45,000 advanced technology vehicles in its fleets of the 2011 to 2016 model years, or in its fleets of the 2008 to 2016 model years, if the company obtained early action credits in respect of its fleets of the 2008 to 2010 model years.

• (9) [Repealed, SOR/2023-275, s. 8]

• Marginal note:Electric vehicles and plug-in hybrid electric vehicles in excess of maximum number

  (10) For any electric vehicles and plug-in hybrid electric vehicles that are in excess of the applicable maximum number, a company must determine the carbon-related exhaust emission value for the model year in question, taking into account subsection 19(2) and expressing the result in grams of CO₂ equivalent per mile, in accordance with

  • (a) in the case of electric vehicles, section 113(n)(1) of Title 40, chapter I, part 600, subpart B, of the CFR — excluding the measure for the limited number of vehicles referred to in the description of CREE — except that the description of AVGUSUP in that section is equal to 0.210; and

  • (b) in the case of plug-in hybrid electric vehicles, section 113(n)(2) of Title 40, chapter I, part 600, subpart B, of the CFR, taking into account the following clarifications:

    • (i) the value in respect of exhaust emissions is determined in accordance with section 510(j)(2) of Title 40, chapter I, part 600, subpart F, of the CFR, and

    • (ii) the equivalent value in respect of the electricity grid for the electricity that is used to recharge the energy storage system is determined in accordance with section 113(n)(1) of Title 40, chapter I, part 600, subpart B, of the CFR — excluding the measure for the limited number of vehicles referred to in the description of CREE — except that the description of AVGUSUP in that section is equal to 0.210.

• Marginal note:Fuel cell vehicles

  (11) For the purposes of subsection (8), a company must count its fuel cell vehicles before counting the other advanced technology vehicles.

Marginal note:Allowance for reduction of air conditioning refrigerant leakage

• 18.2 (1) A company may elect to calculate, using the following formula, an allowance for the use, in its fleet of passenger automobiles or light trucks, of air conditioning systems that incorporate technologies designed to reduce air conditioning refrigerant leakage:

  (Σ (A × B)) ÷ C

  where

  A

  is the CO₂ equivalent leakage reduction for each air conditioning system in the fleet that incorporates those technologies, determined in accordance with section 1867 of Title 40, chapter I, subchapter C, part 86, of the CFR and expressed in grams of CO₂ equivalent per mile;

  B

  is the number of passenger automobiles or light trucks in the fleet that are equipped with the air conditioning system; and

  C

  is the total number of passenger automobiles or light trucks in the fleet.

• Marginal note:Allowance for improvement of air conditioning system efficiency

  (2) A company may elect to calculate, using the following formula, an allowance for the use, in its fleet of passenger automobiles or light trucks, of air conditioning systems that incorporate technologies designed to reduce air-conditioning-related CO₂ emissions by improving air conditioning system efficiency:

  (Σ (A × B)) ÷ C

  where

  A

  is the air conditioning efficiency allowance for each air conditioning system in the fleet that incorporates those technologies, determined in accordance with the provisions relating to credits in section 1868 of Title 40, chapter I, subchapter C, part 86, of the CFR and expressed in grams of CO₂ per mile;

  B

  is the number of passenger automobiles or light trucks in the fleet that are equipped with the air conditioning system; and

  C

  is the total number of passenger automobiles or light trucks in the fleet.

Marginal note:Allowance for certain innovative technologies

• 18.3 (1) Subject to subsections (3) and (3.1), a company may elect to calculate an allowance for the use, in its fleet of the 2014 model year and subsequent model years, of innovative technologies that result in a measurable CO₂ emission reduction and that are referred to in section 1869(b)(1) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, using the following formula:

  (Σ (A × B)) ÷ C

  where

  A

  is the allowance for each of those technologies that is used in the fleet, determined in accordance with section 1869(b)(1) of Title 40, chapter I, subchapter C, part 86, of the CFR and expressed in grams of CO₂ per mile;

  B

  is the number of passenger automobiles or light trucks in the fleet that are equipped with the innovative technology; and

  C

  is the total number of passenger automobiles or light trucks in the fleet.

• Marginal note:Alternative procedure

  (2) Instead of determining the allowance for each innovative technology that is used in the fleet in accordance with the description of A in subsection (1), a company may

  • (a) determine that allowance in accordance with the provisions for the 5-cycle methodology set out in section 1869(c) of Title 40, chapter I, subchapter C, part 86, of the CFR, expressed in grams of CO₂ per mile;

  • (b) use the credit value approved by the EPA for that technology under section 1869(e) of Title 40, chapter I, subchapter C, part 86, of the CFR, expressed in grams of CO₂ per mile, if the company provides the Minister with evidence of that approval in its end of model year report; or

  • (c) determine that allowance in accordance with an alternative procedure, if the company provides the Minister with evidence demonstrating that the alternative procedure allows for a more accurate determination of the emission reduction attributable to the innovative technology and that the allowance determined in accordance with that procedure more accurately represents that emission reduction.

• Marginal note:Maximum allowance — certain innovative technologies

  (3) If, for one of the 2014 to 2022 model years, the 2027 model year or any subsequent model year, the total of the allowances for innovative technologies that a company elects to determine, for a single vehicle, in accordance with the description of A in subsection (1) is greater than 10 grams of CO₂ per mile, the company must calculate, using the following formula, the allowance for the use, in its fleet of passenger automobiles or light trucks of that model year, of innovative technologies that result in a measurable CO₂ emission reduction and that are referred to in section 1869(b)(1) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR:

  ( Σ (A × B)) ÷ C

  where

  A

  is the allowance for each innovative technology for which an allowance is determined for the purposes of subsection (4);

  B

  is the number of passenger automobiles or light trucks that are equipped with the innovative technology that is used for the purposes of subsection (4); and

  C

  is the total number of passenger automobiles or light trucks in the fleet.

• Marginal note:Maximum allowance for 2023 to 2026 model years — certain innovative technologies

  (3.1) If, for a model year of the 2023 to 2026 model years, the total of the allowances for innovative technologies that a company elects to determine, for a single vehicle, in accordance with the description of A in subsection (1) is greater than 15 grams of CO₂ per mile, the company must calculate, using the formula set out in subsection (3), the allowance for the use, in its fleet of passenger automobiles or light trucks of that model year, of innovative technologies that result in a measurable CO₂ emission reduction and that are referred to in section 1869(b)(1) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR.

• Marginal note:Adjustment

  (4) For the purposes of subsections (3) and (3.1), the company must perform the following calculation and ensure that the result does not exceed 10 or 15 grams of CO₂ per mile, respectively:

  $\frac{(\Sigma \; (A\; \times {\mathrm{B}}_{\mathrm{a}})\; \times \; 195,264)\; +\; (\Sigma \; (A\; \times {\mathrm{B}}_{\mathrm{t}})\; \times \; 225,865)}{(\Sigma {\mathrm{C}}_{\mathrm{a}}\times \; 195,264)\; +\; (\Sigma {\mathrm{C}}_{\mathrm{t}}\times \; 225,865)}$

  where

  A

  is the allowance for each innovative technology that is used in the fleet and that the company decides to take into account, determined in accordance with subsection (1);

  B_a

  is the number of passenger automobiles in the fleet that are equipped with the innovative technology in question and that the company decides to take into account;

  B_t

  is the number of light trucks in the fleet that are equipped with the innovative technology in question and that the company decides to take into account;

  C_a

  is the total number of passenger automobiles in the fleet; and

  C_t

  is the total number of light trucks in the fleet.

• Marginal note:Allowance for innovative technologies

  (5) A company may elect to calculate, using the following formula, an allowance for the use, in its fleet of passenger automobiles or light trucks, of innovative technologies — other than those referred to in subsection (1) — that result in a measurable CO₂ emission reduction:

  (Σ (A × B)) ÷ C

  where

  A

  is the allowance for each innovative technology that is used in the fleet, determined in accordance with the provisions for the 5-cycle methodology set out in section 1869(c) of Title 40, chapter I, subchapter C, part 86, of the CFR and expressed in grams of CO₂ per mile;

  B

  is the number of passenger automobiles or light trucks in the fleet that are equipped with the innovative technology; and

  C

  is the total number of passenger automobiles or light trucks in the fleet.

• Marginal note:Alternative procedure to the 5-cycle methodology

  (6) If the 5-cycle methodology referred to in subsection (5) cannot adequately measure the emission reduction attributable to an innovative technology, a company may, instead of determining the allowance for the innovative technology in accordance with the description of A in subsection (5),

  • (a) use the credit value approved by the EPA for that technology under section 1869(e) of Title 40, chapter I, subchapter C, part 86, of the CFR, expressed in grams of CO₂ per mile, if the company provides the Minister with evidence of the EPA approval in its end of model year report; or

  • (b) determine that allowance in accordance with an alternative procedure, if the company provides the Minister with evidence demonstrating that the alternative procedure allows for a more accurate determination of the emission reduction attributable to the innovative technology and that the allowance determined in accordance with that procedure more accurately represent that emission reduction.

Marginal note:Allowance for certain full-size pick-up trucks

• 18.4 (1) Subject to subsections (2) to (4), a company may elect to calculate, using the following formula, a CO₂ allowance for the presence, in its fleet, of full-size pick-up trucks equipped with hybrid electric technologies and of full-size pick-up trucks that achieve carbon-related exhaust emission values below the applicable target value:

  $\frac{\mathrm{\Sigma \; (}{\mathrm{A}}_{\mathrm{H}}\times {\mathrm{B}}_{\mathrm{H}})\; +\; \Sigma \; ({\mathrm{A}}_{\mathrm{R}}\times {\mathrm{B}}_{\mathrm{R}})}{\mathrm{C}}$

  where

  A_H

  is the allowance for the use of hybrid electric technologies, namely,

  • (a) 10 grams of CO₂ per mile for mild hybrid electric technologies, or

  • (b) 20 grams of CO₂ per mile for strong hybrid electric technologies;

  B_H

  is the number of full-size pick-up trucks in the fleet that are equipped with mild hybrid electric technologies or that are equipped with strong hybrid electric technologies, as the case may be;

  A_R

  is the allowance for full-size pick-up trucks that achieve a certain carbon-related exhaust emission value, namely,

  • (a) 10 grams of CO₂ per mile for full-size pick-up trucks that achieve a carbon-related exhaust emission value that is less than or equal to their applicable target value, determined in accordance with subsection 17(7), multiplied by 0.85 and greater than their applicable target value multiplied by 0.8, or

  • (b) 20 grams of CO₂ per mile for full-size pick-up trucks that achieve a carbon-related exhaust emission value that is less than or equal to their applicable target value, determined in accordance with subsection 17(7), multiplied by 0.8;

  B_R

  is the number of full-size pick-up trucks in the fleet that achieve a carbon-related exhaust emission value that is within the range referred to in paragraph (a) of the description of A_R or that is less than or equal to their applicable target value, determined in accordance with subsection 17(7), multiplied by 0.8, as the case may be; and

  C

  is the total number of light trucks in the fleet.

• Marginal note:Allowance limitations — hybrid electric technologies

  (2) The allowance for the use of hybrid electric technologies referred to in paragraphs (a) and (b) of the description of A_H in subsection (1) may be calculated in respect of full-size pick-up trucks of a model year only if the percentage in the fleet of full-size pick-up trucks of that model year that are equipped with those technologies is equal to or greater than the percentage for that model year set out in section 1870(a)(1) or (2), depending on the technology used, of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR. The allowance referred to in paragraph (a) of the description of A_H may be calculated only for full-size pick-up trucks of the 2017 to 2021, 2023 and 2024 model years.

• Marginal note:Description of A_H

  (2.1) If the percentage in the fleet of full-size pick-up trucks of a model year that are equipped with mild hybrid electric technologies or strong hybrid electric technologies is less than the percentage set out for the model year in, depending on the technology used, section 1870(a)(1) or (2) of Title 40, chapter I, subchapter C, part 86, of the CFR, the allowance for the use of hybrid electric technologies referred to in the description of A_H in subsection (1) is 10 grams of CO₂ per mile for those trucks, if the percentage in the fleet of full-size pick-up trucks that are equipped with either mild hybrid electric technologies or strong hybrid electric technologies is equal to or greater than the percentage referred to in section 1870(a)(3) of Title 40, chapter I, subchapter C, part 86, of the CFR. The allowance may be calculated only for full-size pick-up trucks of the 2017 to 2021 model years.

• Marginal note:Allowance limitations — carbon-related exhaust emissions performance

  (3) The allowance for full-size pick-up trucks that achieve a carbon-related exhaust emission value referred to in paragraphs (a) and (b) of the description of A_R in subsection (1) may be calculated in respect of full-size pick-up trucks of a model year only if the percentage in the fleet of full-size pick-up trucks of that model year that achieve such a value is equal to or greater than the percentage for that model year set out in section 1870(b)(1) or (2), depending on the emission performance achieved, of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR. The allowance referred to in paragraph (a) of the description of A_R may be calculated only for full-size pick-up trucks of the 2017 to 2021, 2023 and 2024 model years.

• Marginal note:Single allowance

  (4) A company must not claim, in respect of the same pick-up truck, both the allowance referred to in the description of A_H in subsection (1) and the allowance referred to in the description of A_R in that subsection.

• Marginal note:Election

  (5) A company that elects to multiply the number of advanced technology vehicles in its fleet in accordance with subsection 18.1(4) must not use the allowance referred to in the description of A_R in subsection (1) for the same vehicle.

Marginal note:Interpretation of standards

• 19 (1) The carbon-related exhaust emission value and the fuel economy level that are calculated in accordance with section 18.1 must be calculated taking into account the applicable test procedures, fuels and calculation methods set out in subpart B of Title 40, chapter I, subchapter C, part 86 and in subpart B of Title 40, chapter I, subchapter Q, part 600, of the CFR and taking into account any clarifications or additional information issued by the EPA, if the company keeps a copy of those clarifications or that additional information.

• Marginal note:Representative data

  (2) When a company calculates the fleet average carbon-related exhaust emission value under section 18, the data and values used in the calculation must represent at least 90% of the total number of vehicles in the company’s fleet with respect to the configuration.

CO₂ Equivalent Emission Credit System

Marginal note:CO₂ equivalent emission credits

• 20 (1) For the purposes of subparagraph 162(1)(b)(i) of the Act, a company obtains CO₂ equivalent emission credits if the fleet average CO₂ equivalent emission value in respect of a fleet of passenger automobiles or a fleet of light trucks of a specific model year is lower than the fleet average CO₂ equivalent emission standard for that fleet and model year and the company reports the credits in its end of model year report.

• Marginal note:Deficits

  (2) A company incurs deficits if the fleet average CO₂ equivalent emission value in respect of a fleet of passenger automobiles or a fleet of light trucks of a specific model year is higher than the fleet average CO₂ equivalent emission standard for that fleet and model year.

• Marginal note:Calculation

  (3) Subject to subsections (3.1) to (3.4), a company must calculate, using the following formula, the credits or deficits for each of its fleets:

  ECD = ((A – B) × C × D) ÷ 1,000,000

  where

  ECD

  is the number of credits, if the result is positive, or the number of deficits, if the result is negative, expressed in megagrams of CO₂ equivalent;

  A

  is the fleet average CO₂ equivalent emission standard calculated in accordance with section 16 or 17, as the case may be, expressed in grams per mile;

  B

  is the fleet average CO₂ equivalent emission value calculated in accordance with section 18, expressed in grams per mile;

  C

  is the total number of passenger automobiles or light trucks in the fleet; and

  D

  is the assumed total mileage of the vehicles in question, namely,

  • (a) 195,264 miles for a fleet of passenger automobiles, or

  • (b) 225,865 miles for a fleet of light trucks.

• Marginal note:Alternative standard — nitrous oxide

  (3.1) For each test group in respect of which a company uses, for any given model year, an alternative standard for nitrous oxide (N₂O) under subsection 10(1) or 12(1), the company must use the following formula, expressing the result in megagrams of CO₂ equivalent, and add the sum of the results for each test group to the number of credits or deficits calculated in accordance with subsection (3) for the fleet to which the test group belongs:

  (298 × A × (B – C) × D) ÷ 1,000,000

  where

  A

  is the total number of passenger automobiles or light trucks in the test group;

  B

  is the exhaust emission standard for nitrous oxide (N₂O) set out in section 1818(f)(1) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, for the applicable model year, expressed in grams per mile;

  C

  is the alternative exhaust emission standard for nitrous oxide (N₂O) under subsection 10(1) or 12(1) to which the company certifies the test group, expressed in grams per mile; and

  D

  is the assumed total mileage of the vehicles in question, namely,

  • (a) 195,264 miles for a fleet of passenger automobiles, or

  • (b) 225,865 miles for a fleet of light trucks.

• Marginal note:Alternative standard — methane

  (3.2) For each test group in respect of which a company uses, for any given model year, an alternative standard for methane (CH₄) under subsection 10(1) or 12(1), the company must use the following formula, expressing the result in megagrams of CO₂ equivalent, and add the sum of the results for each test group to the number of credits or deficits calculated in accordance with subsection (3) for the fleet to which the test group belongs:

  (25 × A × (B – C) × D) ÷ 1,000,000

  where

  A

  is the total number of passenger automobiles or light trucks in the test group;

  B

  is the exhaust emission standard for methane (CH₄) set out in section 1818(f)(1) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, for the applicable model year, expressed in grams per mile;

  C

  is the alternative exhaust emission standard for methane (CH₄) under subsection 10(1) or 12(1) to which the company certifies the test group, expressed in grams per mile; and

  D

  is the assumed total mileage of the vehicles in question, namely,

  • (a) 195,264 miles for a fleet of passenger automobiles, or

  • (b) 225,865 miles for a fleet of light trucks.

• Marginal note:Calculation and recalculation for the 2017 to 2021 model years

  (3.3) A company may elect to calculate or recalculate its credits or deficits for any of its fleets of the 2017 to 2021 model years by making the election referred to in subsection 18.1(4) and by using the equation set out in subsection (3) but replacing the descriptions of A and C with the following:

  A

  is the adjusted fleet average CO₂ equivalent emission standard, expressed in grams per mile, calculated in accordance with section 17 but, for the purposes of the descriptions of B and C in subsection 17(3), in the case of advanced technology vehicles, natural gas vehicles or natural gas dual fuel vehicles, the number of vehicles is multiplied by the number set out in the table to subsection 18.1(4) in respect of that type of vehicle for the model year in question;

  C

  is determined by the formula

  N_v + Σ (N_cv × M)

  where

  N_v

  is the number of passenger automobiles or light trucks in the fleet, excluding advanced technology vehicles, natural gas vehicles and natural gas dual fuel vehicles,

  N_cv

  is the number of advanced technology vehicles, natural gas vehicles or natural gas dual fuel vehicles in the fleet, as the case may be, and

  M

  is the multiplier set out in the table to subsection 18.1(4) in respect of the type of vehicle for the model year in question.

• Marginal note:2022 to 2024 model years

  (3.4) For the 2022 to 2024 model years, if a company makes the election under subsection 18.1(4), the descriptions of A and C in subsection (3) are replaced by the descriptions of A and C in subsection (3.3).

• Marginal note:Date of credit or deficit

  (4) Subject to subsection (4.1), a company obtains credits or incurs deficits for a specific fleet on the day on which the company submits the end of model year report for the model year in question.

• Marginal note:Date of credit or deficit — 2017 to 2021 model years

  (4.1) A company obtains credits or reduces its deficits for a specific fleet of the 2017 to 2021 model years if the report includes the following information in respect of that fleet:

  • (a) the number of credits or deficits calculated in accordance with subsection (3) and, as applicable, the number of credits or deficits calculated in accordance with subsection (3.3), as well as the difference between the results; and

  • (b) a statement that the company has elected to recalculate credits or deficits in accordance with subsection (3.3) and an indication of the number of additional credits, or the reduction in the number of deficits, obtained as a result of that election as well as the number of vehicles in question.

• Marginal note:Time limit — credits for 2011 to 2016 model years

  (5) Credits obtained for a fleet of passenger automobiles or light trucks of the 2011 to 2016 model years may be used in respect of any fleet of passenger automobiles or light trucks of any model year after the model year in respect of which the credits were obtained, until the 2021 model year, after which the credits are no longer valid.

• Marginal note:Time limit — credits for 2017 and 2018 model years

  (6) Credits obtained for a fleet of passenger automobiles or light trucks of the 2017 and 2018 model years may be used in respect of any fleet of passenger automobiles or light trucks of a model year that is up to three model years before or up to six model years after the model year in respect of which the credits were obtained, after which the credits are no longer valid.

• Marginal note:Time limit — credits for 2019 model year and subsequent model years

  (7) Credits obtained for a fleet of passenger automobiles or light trucks of the 2019 model year and a subsequent model year may be used in respect of any fleet of passenger automobiles or light trucks of a model year that is up to three model years before or up to five model years after the model year in respect of which the credits were obtained, after which the credits are no longer valid.

Offsetting Deficits and Use of Credits

Marginal note:Deficits

• 21 (1) Subject to subsection (5), a company must use credits obtained for a fleet of passenger automobiles or light trucks of a specific model year to offset any outstanding deficits incurred for any of its fleets.

• Marginal note:Remaining credits

  (2) Subject to subsection (2.1), a company may bank any remaining credits to offset a future deficit or transfer the remaining credits to another company, except during the 2012 to 2015, and, if applicable, 2016, model years if the company elects to create a temporary optional fleet under section 24.

• Marginal note:Remaining credits — transfer prohibited

  (2.1) A company that has made an election under section 28.1 and obtained credits in respect of its fleets of the 2017 to 2020 model years may not transfer any remaining credits to another company.

• Marginal note:Offset

  (3) Subject to subsection (4), a company may offset a deficit with an equivalent number of credits obtained in accordance with section 20 or with an equivalent number of credits transferred from another company.

• Marginal note:Adjustment

  (4) The number of credits obtained in respect of fleets of the 2011 model year that contain alcohol dual fuel vehicles or natural gas dual fuel vehicles and that are available to offset a deficit incurred in respect of a fleet of passenger automobiles or light trucks of the 2012 or subsequent model years must be adjusted with the assumption that all alcohol dual fuel vehicles and natural gas dual fuel vehicles operate only on gasoline or diesel fuel.

• Marginal note:Offset — time limit

  (5) A company must offset a deficit incurred in respect of a model year no later than the day on which the company submits the end of model year report for vehicles of the third model year after the model year for which the company incurred the deficit.

Marginal note:Limit on use of 2011 model year credits

• 21.1 (1) Despite subsection 21(3), the total number of credits obtained in respect of fleets of the 2011 model year that a company may use to offset a deficit incurred in respect of a fleet of passenger automobiles or light trucks of a given model year or a temporary optional fleet of passenger automobiles or light trucks of a given model year must not exceed the maximum number calculated using the following formula:

  $\frac{{\mathrm{(A\; –\; B}}_{\mathrm{harmonic}}\mathrm{)\; \times \; C\; \times \; D}}{\mathrm{1,000,000}}–\; X$

  where

  A

  is the fleet average CO₂ equivalent emission standard calculated in accordance with section 16 for the 2011 model year expressed in grams of CO₂ equivalent per mile;

  B_harmonic

  is the fleet average CO₂ equivalent emission value calculated in accordance with section 18, expressed in grams of CO₂ equivalent per mile, except that the value of D is calculated as follows:

  $\frac{\mathrm{8,887}\times \mathrm{\Sigma \; }\left(\frac{B_{\text{No ATV}}}{A_{\text{No ATV}}}\right)+\Sigma \left(A_{\text{ATV}}\times B_{\text{ATV}}\right)}{C}$

  where

  B_{No ATV}

  is the number of vehicles of the model type in question in the fleet, excluding advanced technology vehicles,

  A_{No ATV}

  is the fuel economy level for each model type, excluding advanced technology vehicles, expressed in miles per gallon, determined for the 2011 model year in accordance with section 510(c)(2) of Title 40, chapter I, part 600, subpart F, of the CFR, taking into account subsection 19(2),

  A_ATV

  is the carbon-related exhaust emission value for each model type of advanced technology vehicles, expressed in grams of CO₂ equivalent per mile, determined for the 2011 model year in accordance with section 208 of Title 40, chapter I, part 600, subpart C, of the CFR, taking into account subsection 19(2),

  B_ATV

  is the number of advanced technology vehicles of the model type in question in the fleet, and

  C

  is the total number of passenger automobiles or light trucks in the fleet;

  C

  is the total number of passenger automobiles or light trucks in the fleet;

  D

  is the assumed total mileage of the vehicles in question, namely,

  • (a) 195,264 miles for a fleet of passenger automobiles, or

  • (b) 225,865 miles for a fleet of light trucks; and

  X

  is the number of credits obtained in respect of fleets of the 2011 model year that have been used by a company to offset a deficit incurred in respect of a fleet of passenger automobiles or light trucks or a temporary optional fleet of passenger automobiles or light trucks of the 2012 model year, expressed in megagrams of CO₂ equivalent.

• Marginal note:Advanced technology

  (2) For the purposes of description of B_ATV in subsection (1), a company may elect to multiply the number of advanced technology vehicles by 1.2, if the company made that election for the 2011 model year and reported that election in its end of model year report for the 2011 model year.

• Marginal note:Representative data

  (3) When a company determines the value corresponding to the description of A_NoATV and A_ATV in subsection (1), the data and values used in the calculation must represent at least 90% of the vehicles in question in the company’s fleet with respect to the configuration.

• Marginal note:Number of vehicles in fleet

  (4) For the purposes of subsection (1), the company must include in its fleet of passenger automobiles or light trucks the same number of vehicles that it included in its fleets for the purposes of its end of model year report for the 2011 model year.

• Marginal note:Negative result

  (5) For greater certainty, if the result of the calculation set out in subsection (1) in respect of fleets of the 2011 model year is negative, then the total number of credits that a company may use to offset a deficit is zero.

Marginal note:Purchased or merged companies

• 22 (1) A company that purchases another company or that results from the merger of companies is responsible for offsetting any outstanding deficits of the purchased or merged companies.

• Marginal note:Ceasing activities

  (2) If a company ceases to manufacture, import or sell passenger automobiles or light trucks, it must, before submitting its last end of model year report, offset all outstanding deficits for its fleets.

Obtention of Credits upon Payment to the Receiver General

Marginal note:Receiver General — 2011 model year

• 23 (1) Upon payment to the Receiver General, a company may obtain the necessary number of credits to offset a deficit incurred for the 2011 model year at a rate of $20 per megagram of CO₂ equivalent.

• Marginal note:Payment date to Receiver General

  (2) To obtain the credits under subsection (1), a company must make the payment no later than the day preceding the earlier of:

  • (a) the date of submission of the end of model year report for model year 2014; and

  • (b) May 1, 2015.

• Marginal note:Restriction

  (3) The credits obtained by a company under subsection (1) can only be used to offset a deficit incurred for the 2011 model year and cannot be transferred to another company.

Temporary Optional Fleets

Marginal note:Optional fleet

• 24 (1) Subject to sections 27 and 28, a company may elect not to include for a given year a certain number of vehicles of its fleets in the calculation of the fleet average CO₂ equivalent emission standard set out in section 17 and to create temporary optional fleets of passenger automobiles or light trucks if the following conditions are met:

  • (a) if the company manufactured or imported in total 750 or more, but less than 7,500, passenger automobiles and light trucks of the 2009 model year for sale in Canada, the combined total number of passenger automobiles and light trucks included in the temporary optional fleets must not exceed 30,000 of the model years 2012 to 2015 and 7,500 of the 2016 model year;

  • (b) if the company manufactured or imported in total 7,500 or more, but less than 60,000, passenger automobiles and light trucks of the 2009 model year for sale in Canada, the combined total number of passenger automobiles and light trucks included in the temporary optional fleets must not exceed 15,000 of the model years 2012 to 2015;

  • (c) subject to sections 25 and 26, the fleet average CO₂ equivalent emission value for a company’s temporary optional fleet of passenger automobiles and temporary optional fleet of light trucks of a given model year must not exceed the optional fleet average CO₂ equivalent emission standards for that model year, calculated in accordance with subsection (2); and

  • (d) the company must have manufactured or imported at least one passenger automobile or light truck of the 2009 model year for sale in Canada.

• Marginal note:Optional fleet average standards

  (2) A company that creates a temporary optional fleet must calculate the optional fleet average CO₂ equivalent emission standard in accordance with the following formula for each model year:

  (Σ (A × B)) ÷ C × 1.25

  where

  A

  is the CO₂ equivalent emission target value for each group of passenger automobiles or light trucks included in the temporary optional fleet, determined in accordance with

  • (a) subsection 17(4) for the groups of passenger automobiles, or

  • (b) subsection 17(5) for the groups of light trucks;

  B

  is the number of passenger automobiles or light trucks in the group in question; and

  C

  is the total number of passenger automobiles or light trucks in the temporary optional fleet.

• Marginal note:Optional fleet average values

  (3) A company that creates a temporary optional fleet must determine, for each model year, the optional fleet average CO₂ equivalent emission value using the formula set out in section 18.

Marginal note:Application of section 20

• 25 (1) A company that creates a temporary optional fleet of passenger automobiles or light trucks obtains credits or incurs deficits in respect of its temporary optional fleet in accordance with subsection 20(1) or (2), as the case may be.

• Marginal note:Calculation

  (2) The company must calculate the credits or deficits for each of its temporary optional fleets using the formula set out in subsection 20(3).

• Marginal note:Application of subsection 20(4)

  (3) Subsection 20(4) applies to credits obtained or deficits incurred in accordance with this section.

• Marginal note:Validity — time limit

  (4) Credits obtained for a temporary optional fleet of passenger automobiles or light trucks of a given model year can only be used to offset a deficit incurred in respect of temporary optional fleets of passenger automobiles or light trucks of the following model years, after which the credits are no longer valid:

  • (a) 2012 to 2016, for a company set out in paragraph 24(1)(a); or

  • (b) 2012 to 2015, for a company set out in paragraph 24(1)(b).

Marginal note:Offsetting — application of sections 21 and 22

• 26 (1) Subsections 21(1) and (5) and section 22 apply to credits obtained and deficits incurred for a temporary optional fleet.

• Marginal note:Limit on use of credits

  (2) A company must not use credits obtained for a temporary optional fleet to offset a deficit incurred for a fleet to which the fleet average CO₂ equivalent emission standard set out in section 17 applies.

• Marginal note:Future deficit

  (3) A company may bank any remaining credits obtained for a model year for a temporary optional fleet to offset a future deficit incurred for another temporary optional fleet.

• Marginal note:Use of credits

  (4) A company must use any remaining credits obtained for a fleet of passenger automobiles or light trucks to which the fleet average CO₂ equivalent emission standard set out in section 17 applies to offset a deficit incurred for a temporary optional fleet.

Marginal note:Merger

• 27 (1) If a company merges with one or more companies after September 23, 2010, the company that results from the merger may make an election under section 24 and report that election in its first end of model year report if the following conditions are met:

  • (a) the total number of passenger automobiles and light trucks of the 2009 model year set out in section 24 is equal to the total number of passenger automobiles and light trucks manufactured or imported for sale in Canada by the merged companies for the 2009 model year; and

  • (b) the conditions set out in subsection 24(1) are met taking into account the adjustments set out in subsection (2).

• Marginal note:Adjustments

  (2) If the total calculated in accordance with subsection (1) is, as the case may be,

  • (a) equal to or greater than 750, but less than 7,500 for the 2009 model year, the combined total number of passenger automobiles and light trucks included in the temporary optional fleets by the merged companies, for the model years preceding the merger, must be subtracted from the applicable quantitative limits set out in paragraph 24(1)(a); or

  • (b) equal to or greater than 7,500, but less than 60,000 for the 2009 model year, the combined total number of passenger automobiles and light trucks included in the temporary optional fleets by the merged companies, for the model years preceding the merger, must be subtracted from the applicable quantitative limits set out in paragraph 24(1)(b).

Marginal note:Purchase

• 28 (1) If a company purchases one or more companies after September 23, 2010, it must

  • (a) in the case where the company had made an election under section 24 before the purchase, recalculate its total number of passenger automobiles and light trucks manufactured or imported for sale in Canada for the 2009 model year to include that total for each of those purchased companies and report it in its first end of model year report after the purchase year; or

  • (b) in the case where the company makes an election under section 24 after the purchase, calculate the total number of passenger automobiles and light trucks manufactured or imported for sale in Canada for the 2009 model year to include that total for each of those purchased companies.

• Marginal note:Adjustments

  (2) The company that purchases one or more companies and that is still eligible under section 24 must adjust, for the purposes of paragraph 24(1)(a) or (b) in accordance with the calculation set out in subsection (1), the combined total number of passenger automobiles and light trucks included as of that day in the temporary optional fleet by adding to it the combined total number of passenger automobiles and light trucks that have been included in the temporary optional fleets of the companies that it purchased.

Flexibility Measures For the 2017 to 2020 Model Years

Marginal note:CO₂ emission target values

28.1 A company that has elected to create a temporary optional fleet under subsection 24(1) and that manufactured or imported in total 750 or more, but less than 7,500, passenger automobiles and light trucks of the 2009 model year for sale in Canada may, when calculating the fleet average CO₂ equivalent emission standard under section 17 for fleets of the 2017 to 2020 model years, elect, for a given model year, to replace the CO₂ emission target value applicable to a given group of passenger automobiles or light trucks under section 17 with the following, if the company reports that election in its end of model year report:

• (a) in the case of a fleet of passenger automobiles or light trucks of the 2017 or 2018 model year, the CO₂ emission target value that would be applicable to that group under section 17 if the passenger automobiles or light trucks included in that group were of the 2016 model year;

• (b) in the case of a fleet of passenger automobiles or light trucks of the 2019 model year, the CO₂ emission target value that would be applicable to that group under section 17 if the passenger automobiles or light trucks included in that group were of the 2018 model year; or

• (c) in the case of a fleet of passenger automobiles or light trucks of the 2020 model year, the CO₂ emission target value that would be applicable to that group under section 17 if the passenger automobiles or light trucks included in that group were of the 2019 model year.

Marginal note:Merger

28.2 For the purposes of section 28.1, in the case of a company that merges with one or more companies after December 31, 2009, the total number of passenger automobiles and light trucks of the 2009 model year manufactured or imported for sale in Canada by the company is the sum of the number of passenger automobiles and light trucks of the 2009 model year manufactured or imported for sale in Canada by each of the merged companies.

Marginal note:Purchase

28.3 For the purposes of section 28.1, in the case of a company that purchases one or more companies after December 31, 2009, the total number of passenger automobiles and light trucks of the 2009 model year manufactured or imported for sale in Canada by the company is the sum of the number of passenger automobiles and light trucks of the 2009 model year manufactured or imported for sale in Canada by the company and all purchased companies.

Early Action Credits

Marginal note:Early action credits — 2008, 2009 and 2010 model years

• 29 (1) A company may obtain early action credits in respect of its fleets of passenger automobiles and light trucks of the 2008, 2009 and 2010 model years if the total number of credits calculated in respect of those fleets of the 2008, 2009 and 2010 model years is greater than the total number of deficits incurred for those model years and the company reports the credits in its 2011 model year report.

• Marginal note:Date of early action credits

  (2) The early action credits are obtained by a company on the day on which the report referred to in subsection (1) is submitted.

• Marginal note:Calculation

  (3) Early action credits obtained or deficits incurred in respect of the company’s fleets of passenger automobiles and light trucks of the 2008, 2009 and 2010 model years must be calculated in accordance with subsection 20(3), except that the fleet average CO₂ equivalent emission standard for the 2008, 2009 and 2010 model years, as determined for A, is the following:

  • (a) in the case of fleets of passenger automobiles, 323 grams/mile; and

  • (b) in the case of fleets of light trucks, either the quotient of 8,887 divided by the light truck fuel economy level for the applicable model year determined in accordance with section 5 of Title 49, subtitle B, chapter V, part 533, of the CFR, applicable to that model year, or

    • (i) 395 grams/mile for the 2008 model year,

    • (ii) 381 grams/mile for the 2009 model year, and

    • (iii) 376 grams/mile for the 2010 model year.

• Marginal note:Modification

  (4) For the purposes of paragraph (3)(b), the equation in Figure 1 set out in section 5 of Title 49, subtitle B, chapter V, part 533, of the CFR is modified as follows:

  • (a) “N” is the total number of passenger automobiles or light trucks in the fleet;

  • (b) “N_i” is the number of passenger automobiles or light trucks in each group “i” in the fleet; and

  • (c) “i” is a group of passenger automobiles or light trucks of the same model type and that have the same footprint.

• Marginal note:2008 model year — limitation

  (5) Early action credits obtained for a fleet of passenger automobiles or light trucks of the 2008 model year can only be used to offset a deficit incurred in respect of a fleet of passenger automobiles or light trucks of the 2011 model year, after which the credits are no longer valid.

• Marginal note:Time limit — credits for the 2009 model year

  (6) Early action credits obtained for a fleet of passenger automobiles or light trucks of the 2009 model year may be used in respect of any fleet of passenger automobiles or light trucks of the 2011 to 2014 model years, after which the credits are no longer valid.

• Marginal note:Time limit — credits for the 2010 model year

  (6.1) Early action credits obtained for a fleet of passenger automobiles or light trucks of the 2010 model year may be used in respect of any fleet of passenger automobiles or light trucks of the 2011 to 2021 model years, after which the credits are no longer valid.

• Marginal note:Use of early action credits

  (7) Subject to subsection (8) and paragraph 30(3)(b), the rules set out in sections 21 and 22 with respect to credits also apply to early action credits.

• Marginal note:Adjustment

  (8) If the early action credits are obtained in respect of fleets of the 2009 and 2010 model years that contain alcohol dual fuel vehicles or natural gas dual fuel vehicles, the number of early action credits that are available to offset a deficit incurred in respect of a fleet of passenger automobiles or light trucks of the 2012 or subsequent model years must be adjusted with the assumption that all alcohol dual fuel vehicles and natural gas dual fuel vehicles operate only on gasoline or diesel fuel.

Marginal note:Definitions

• 30 (1) For the purposes of this section

  • (a) heavy light-duty truck, light-duty vehicle, light light-duty truck and medium-duty passenger vehicle have the same meaning as in subsection 1(1) of the On-Road Vehicle and Engine Emission Regulations; and

  • (b) loaded vehicle weight means the curb weight of a vehicle plus 136.1 kg (300 pounds).

• Marginal note:Alternative fleet combination for early action credits

  (2) Instead of obtaining early action credits in respect of its fleets of passenger automobiles and light trucks of the 2008, 2009 and 2010 model years, a company may obtain early action credits in respect of its combined fleet of light-duty vehicles and light light-duty trucks that have a loaded vehicle weight of 1 701 kg (3,750 pounds) or less or its combined fleet of light light-duty trucks that have a loaded vehicle weight of more than 1 701 kg (3,750 pounds), heavy light-duty trucks and medium-duty passenger vehicles of the same model years.

• Marginal note:Fleet average CO₂ equivalent emission standard

  (3) Section 29 applies to the combined fleets referred to in subsection (2), except that

  • (a) the fleet average CO₂ equivalent emission standard provided for in subsection 29(3) is the following:

    • (i) in the case of the 2008 and 2009 model years, the fleets of light-duty vehicles and light light-duty trucks that have a loaded vehicle weight of 1 701 kg (3,750 pounds) or less, 323 grams/mile,

    • (ii) in the case of the 2008 and 2009 model years, the fleets of light light-duty trucks that have a loaded vehicle weight of more than 1 701 kg (3,750 pounds), heavy light-duty trucks and medium-duty passenger vehicles, 439 grams/mile,

    • (iii) in the case of the 2010 model year, the fleets of light-duty vehicles and light light-duty trucks that have a loaded vehicle weight of 1 701 kg (3,750 pounds) or less, 301 grams/mile, and

    • (iv) in the case of the 2010 model year, the fleets of light light-duty trucks that have a loaded vehicle weight of more than 1 701 kg (3,750 pounds), heavy light-duty trucks and medium-duty passenger vehicles, 420 grams/mile; and

  • (b) a company that obtains early action credits in respect of its combined fleet of the 2009 model year cannot transfer them to another company.

Combined Fleet Requirements — Zero-emission Vehicles

Interpretation

Marginal note:Definitions

• 30.1 (1) The following definitions apply in this section, in sections 30.11 to 30.21 and in subsections 33(4.1) to (5).

  combined fleet

  combined fleet means all automobiles of a specific model year that a company manufactures in Canada or imports into Canada for the purpose of sale of those automobiles to the first retail purchaser. (parc combiné)

  company

  company has the same meaning as in section 149 of the Act. (entreprise)

  ZEV requirement

  ZEV requirement means the minimum performance required with respect to zero-emission vehicles of a company’s combined fleet for a given model year, as set out in section 30.12. (exigence VZE)

  ZEV value

  ZEV value means the actual performance with respect to zero-emission vehicles of a company’s combined fleet for a given model year, calculated in accordance with section 30.13(1). (valeur VZE)

• Marginal note:Exclusion — emergency vehicles and fire fighting vehicles

  (2) Despite the definition combined fleet in subsection (1), a company may, for the purposes of sections 30.11 to 30.21, elect to exclude emergency vehicles and fire fighting vehicles from its combined fleet of any model year, if it reports that election in its end of model year report for that model year.

• Marginal note:Exclusion — automobile being exported

  (3) The definition combined fleet in subsection (1) does not include any automobile that is being exported and that is accompanied by written evidence establishing that it will not be sold or used in Canada.

General

Marginal note:Requirement respecting ZEV value

30.11 Subject to sections 30.14 to 30.21, a company must ensure that the ZEV value of its combined fleet, calculated in accordance with section 30.13, of the 2026 model year and subsequent model years meets or exceeds the ZEV requirement for the model year in question.

ZEV Requirement for Combined Fleet

Marginal note:ZEV requirement by model year

30.12 The ZEV requirement for a company’s combined fleet for a model year in column 1 of the following table is set out in column 2.

ZEV Value for Combined Fleet

Marginal note:Calculation of ZEV value

• 30.13 (1) A company must calculate, for the 2026 model year and subsequent model years, the ZEV value of its combined fleet using the following formula:

  (A ÷ B) + C

  where

  A

  is the total number of electric vehicles and fuel cell vehicles in the combined fleet;

  B

  is the total number of automobiles in the combined fleet; and

  C

  is, with respect to plug-in hybrid electric vehicles, the lesser of the following results:

  • (a) the contribution of these plug-in hybrid electric vehicles to the actual performance of a company’s combined fleet with respect to zero-emission vehicles, calculated using the following formula:

    (0.15 × A + 0.75 × B + C + D + 0.75 × E + F + 0.75 × G + H) ÷ I

    where

    A

    is, for the 2026 model year, the total number of plug-in hybrid electric vehicles in the combined fleet with an all-electric driving range of at least 35 km and not more than 49 km,

    B

    is, for the 2026 model year, the total number of plug-in hybrid electric vehicles in the combined fleet equipped with less than seven seats with an all-electric driving range of at least 50 km and not more than 64 km,

    C

    is, for the 2026 model year, the total number of plug-in hybrid electric vehicles in the combined fleet equipped with seven seats or more with an all-electric driving range of at least 50 km and not more than 64 km,

    D

    is, for the 2026 model year, the total number of plug-in hybrid electric vehicles in the combined fleet with an all-electric driving range of at least 65 km,

    E

    is, for the 2027 model year, the total number of plug-in hybrid electric vehicles in the combined fleet equipped with less than seven seats with an all-electric driving range of at least 50 km and not more than 79 km,

    F

    is, for the 2027 model year, the total number of plug-in hybrid electric vehicles in the combined fleet equipped with seven seats or more with an all-electric driving range of at least 50 km and not more than 79 km,

    G

    is, for the 2028 model year, the total number of plug-in hybrid electric vehicles in the combined fleet with an all-electric driving range of at least 50 km and not more than 79 km,

    H

    is, for the 2027 and subsequent model years, the total number of plug-in hybrid electric vehicles in the combined fleet with an all-electric driving range of at least 80 km, and

    I

    is the total number of automobiles in the combined fleet, and

  • (b) the allowable portion of the contribution of these plug-in hybrid electric vehicles to the ZEV requirement for a company’s combined fleet, calculated using the following formula:

    A × B

    where

    A

    is the ZEV requirement for the model year in question, and

    B

    is the allowable portion of that ZEV requirement, set out in column 2 of the following table, for the model year set out in column 1:

  Item	Column 1	Column 2
  	Model year	Allowable portion of ZEV requirement
  1	2026	0.45
  2	2027	0.30
  3	2028 and subsequent	0.20

• Marginal note:All-electric driving range

  (2) For the purposes of subsection (1), the all-electric driving range is calculated using the following formula, rounded to the nearest whole number or, if the number is equidistant between two consecutive whole numbers, to the higher number:

  A × 0.7

  where

  A

  is the actual charge-depleting range in kilometres, determined in accordance with section 311(j)(4)(i) of Title 40, chapter I, subchapter Q, part 600, subpart D of the CFR, rounded to the nearest tenth of a unit or, if the number is equidistant between two consecutive tenths of a unit, to the higher tenth.

Compliance Unit or Deficit System

Marginal note:Obtaining units

• 30.14 (1) As of the 2026 model year, a company obtains compliance units in respect of its combined fleet if its ZEV value is greater than the ZEV requirement for the model year in question and the company reports the compliance units in its end of model year report.

• Marginal note:Deficits

  (2) As of the 2026 model year, a company incurs a deficit in respect of its combined fleet if its ZEV value is less than the ZEV requirement for the model year in question.

• Marginal note:Calculation

  (3) A company must calculate the compliance units or deficit for its combined fleet of a given model year using the following formula:

  (A − B) × C

  where

  A

  is the ZEV value of its combined fleet of the model year;

  B

  is the ZEV requirement for the model year; and

  C

  is the total number of automobiles in the combined fleet.

• Marginal note:Date of units or deficit

  (4) A company obtains compliance units or incurs a deficit in respect of its combined fleet on the day on which the end of model year report for the model year in question is submitted.

• Marginal note:Use of units — time limit

  (5) Compliance units obtained for a combined fleet of any of the 2026 to 2034 model years may be used to offset a deficit incurred in respect of any combined fleet of up to three model years before the model year for which those units were obtained and, at the latest, of the earlier of

  • (a) the fifth model year after the model year for which the units were obtained; and

  • (b) the 2034 model year.

• Marginal note:End of validity

  (6) Compliance units are no longer valid after the day on which the company submits its end of model year report for the 2035 model year.

Offsetting Deficits and Use of Units

Marginal note:Deficits

• 30.15 (1) Subject to subsection (4), a company must use compliance units obtained in respect of its combined fleet of a given model year to offset a deficit incurred in respect of its combined fleet.

• Marginal note:Remaining compliance units

  (2) A company may bank all or some of any remaining compliance units to offset a future deficit or transfer all or some of them to another company.

• Marginal note:Offset

  (3) A company may offset a deficit with,

  • (a) in the case of a deficit incurred in respect of the 2026 and 2027 model years, a number of units equal to the deficit, consisting of

    • (i) compliance units obtained in accordance with section 30.14, early compliance units obtained in accordance with section 30.16 or charging station units created in accordance with section 30.21,

    • (ii) compliance units or charging station units that were transferred to it by another company, or

    • (iii) a combination of any of these units;

  • (b) in the case of a deficit incurred in respect of the 2028 to 2030 model years, a number of units equal to the deficit, consisting of

    • (i) compliance units obtained in accordance with section 30.14 or charging station units created in accordance with section 30.21,

    • (ii) compliance units or charging station units that were transferred to it by another company, or

    • (iii) a combination of any of these units;

  • (c) in the case of a deficit incurred in respect of the 2031 to 2034 model years, a number of compliance units equal to the deficit, consisting of compliance units obtained in accordance with section 30.14 or that were transferred to it by another company, or a combination of any of these units.

• Marginal note:Offsetting deficits — sum of early compliance units and charging station units

  (4) The sum of early compliance units and charging station units, including those charging station units that were transferred to it by another company, that a company uses to offset a deficit incurred in respect of the combined fleet of any of the 2026 to 2030 model years may not exceed, for the model year in question, the amount calculated using the following formula:

  0.1 × A × B

  where

  A

  is the ZEV requirement for the model year in question; and

  B

  is the total number of automobiles in the combined fleet.

• Marginal note:Offsetting deficits 2026 to 2034 model years — time limit

  (5) Any deficit incurred in respect of a combined fleet for a given model year must be offset no later than

  • (a) in the case of a deficit in respect of the 2026 to 2031 model years, the day on which the company submits the end of model year report of the third model year after the model year for which the company incurred the deficit; or

  • (b) in the case of a deficit in respect of the 2032 to 2034 model years, the day on which the company submits the end of model year report for the 2035 model year.

• Marginal note:No offset — 2035 model years and subsequent model years

  (6) No deficits incurred in respect of a combined fleet for the 2035 model year and subsequent model years can be offset.

Early Compliance Units — Zero-emission Vehicles of the 2024 and 2025 model years

Marginal note:Obtaining units

• 30.16 (1) A company may obtain early compliance units in respect of its combined fleet of the 2024 and 2025 model year, if there are zero-emission vehicles in its combined fleet, the amount calculated in accordance with subsections (2) and (3) is positive and the company reports those units in the end of model year report for the model year in question.

• Marginal note:Calculation — 2024 model year

  (2) The number of early compliance units that a company may obtain for its combined fleet of the 2024 model year is equal to the lesser of

  • (a) the number of units calculated using the following formula:

    0.12 × A

    where

    A

    is the total number of automobiles in the combined fleet; and

  • (b) the number calculated using the following formula:

    (0.15 × A + 0.75 × B + C + D) − (0.08 × E)

    where

    A

    is the total number of plug-in hybrid electric vehicles in the combined fleet with an all-electric driving range of at least 35 km and not more than 49 km,

    B

    is the total number of plug-in hybrid electric vehicles in the combined fleet equipped with less than seven seats with an all-electric driving range of at least 50 km and not more than 64 km,

    C

    is the total number of plug-in hybrid electric vehicles in the combined fleet equipped with seven seats or more with an all-electric driving range of at least 50 km and not more than 64 km,

    D

    is the total number of electric vehicles and fuel cell vehicles, and plug-in hybrid electric vehicles with an all-electric driving range of at least 65 km, in the combined fleet, and

    E

    is the total number of automobiles in the combined fleet.

• Marginal note:Calculation — model year 2025

  (3) The number of early compliance units that a company may obtain for its combined fleet of the 2025 model year is the lesser of

  • (a) the number of units calculated using the following formula:

    0.07 × A

    where

    A

    is the total number of automobiles in the combined fleet; and

  • (b) the number calculated using the following formula:

    (0.15 × A + 0.75 × B + C + D) − (0.13 × E)

    where

    A

    is the total number of plug-in hybrid electric vehicles in the combined fleet with an all-electric driving range of at least 35 km and not more than 49 km,

    B

    is the total number of plug-in hybrid electric vehicles in the combined fleet equipped with less than seven seats with an all-electric driving range of at least 50 km and not more than 64 km,

    C

    is the total number of plug-in hybrid electric vehicles in the combined fleet equipped with seven seats or more with an all-electric driving range of at least 50 km and not more than 64 km,

    D

    is the total number of electric vehicles and fuel cell vehicles, and plug-in hybrid electric vehicles with an all-electric driving range of at least 65 km, in the combined fleet, and

    E

    is the total number of automobiles in the combined fleet.

• Marginal note:Date of units

  (4) A company obtains early compliance units with respect to its combined fleet on the day on which the end of model year report for the model year in question is submitted.

• Marginal note:Banking

  (5) A company may bank but cannot transfer its early compliance units.

• Marginal note:End of validity

  (6) Early compliance units are no longer valid after the day on which the company submits its end of model year report for the 2027 model year.

Registered Charging Station Installation Project — Charging Station Units

Marginal note:Registration

30.17 Subject to section 30.19, the Minister may, on the application of one company, register a charging station installation project so that charging station units are created if the application contains the information that is required by section 30.18. The Minister will complete registration by no later than December 31, 2027.

Marginal note:Registration application content

30.18 The application for registration of the project must contain

• (a) the name, street and mailing addresses, telephone number and, if any, email address of the company;

• (b) the name, title, street and mailing addresses, telephone number and, if any, email address of the person who is authorized to act on behalf of the company;

• (c) the name, title, street and mailing addresses, telephone number and, if any, email address of its contact person, other than the person referred to in paragraph (b);

• (d) if applicable, the information referred to in paragraphs (a) to (c) with respect to each company and third party that invests in the project;

• (e) the following information with respect to the project:

  • (i) the name by which the project is known,

  • (ii) the estimated total investment in the project and, if applicable, the amount to be invested by each company and third party and the proportion, expressed as a percentage, of their investment in the total investment in the project,

  • (iii) the estimated number of charging stations,

  • (iv) the rated power of each station,

  • (v) the location of each station, according to the Global Positioning System (GPS), to the fifth decimal place,

  • (vi) the anticipated date of commencement of operation of each station, and

  • (vii) the estimated number of charging station units to be created; and

• (f) a statement affirming that

  • (i) the project targets the installation of charging stations for zero-emission vehicles,

  • (ii) the charging stations will be certified for use in Canada and will be installed in a permanent manner in Canada, in locations where there are no charging stations or to increase the number of charging stations already installed at a given location,

  • (iii) the charging stations will have a rated power of at least 150 kW,

  • (iv) the charging stations can be used, without restricting the power output, at all times and at the same price by all makes and models of zero-emission vehicles that are equipped with a compatible charging port or necessary adaptor to connect to the stations,

  • (v) the charging stations will be operational no earlier than on January 1, 2024 and no later than two years after the date of registration of the project, but the date must not be later than December 31, 2027,

  • (vi) the charging stations will remain in operation for at least five years,

  • (vii) no financial contribution or other benefit will be granted with respect to the project from a government program, and

  • (viii) no compliance credits, referred to in sections 102 and 103 of the Clean Fuel Regulations, will be created with respect to the project.

Marginal note:Registration — conditions

30.19 The Minister must not register a charging station installation project under section 30.17 unless the Minister is satisfied that the statement referred to in paragraph 30.18(f) will be complied with.

Marginal note:Cancellation of registration

30.20 The Minister must cancel the registration of any charging station installation project that does not comply with subparagraph 30.18(f)(i), (vii) or (viii).

Marginal note:Creation of charging station units

• 30.21 (1) A company may create charging station units with respect to any registered charging station project if

  • (a) all charging stations became operational no earlier than on January 1, 2024 and no later than two years after the date of registration of the project, but the date must not be later than December 31, 2027; and

  • (b) the company reports those units in its end of model year report.

• Marginal note:Number of units — one investor

  (2) If a company is the only investor in a registered project, the company must calculate the number of charging station units it will create using the following formula:

  A ÷ B

  where

  A

  is the lesser of

  • (a) the total amount of the company’s investment; and

  • (b) the total of the maximum allowable investment amounts for each charging station, in accordance with the table below; and

  Column 1	Column 2
  Rated power of charging stations	Maximum investment for each charging station
  150 kW to 199 kW	$150,000
  200 kW and above	$200,000

  B

  is $20,000.

• Marginal note:Number of units — multiple investors

  (3) If a company invests in the registered project with other companies or third parties, that company must calculate the number of charging station units it will create using the following formula:

  (A ÷ B) × C

  where

  A

  is the lesser of

  • (a) the total investment amount in the project, and

  • (b) the total of the maximum allowable investment amounts for each charging station, in accordance with the table in subsection (2);

  B

  is $20,000; and

  C

  is the proportion of the company’s investment in the project, as compared to the total investment in the project, expressed as a percentage of the total investment.

• Marginal note:Date of units

  (4) A company creates charging station units with respect to a registered project on the day on which the end of model year report for the model year in question is submitted.

• Marginal note:Banking or transfer

  (5) A company may bank all or some of the charging station units created with respect to the registered project and transfer all or some of them to another company.

• Marginal note:Cancellation of charging station units

  (6) The Minister must cancel

  • (a) in respect of each charging station of the registered project that does not comply with any of subparagraph 30.18(f)(ii) to (vi), those charging station units created with respect to the station; and

  • (b) in respect of the cancellation of the registration of a project under section 30.20, all units created with respect to that project.

• Marginal note:End of validity

  (7) Charging station units are no longer valid after the day on which the company submits its end of model year report for the 2030 model year.

Reports

Marginal note:2011 model year report

• 31 (1) A company must submit to the Minister a report for the end of model year for the 2011 model year signed by a person who is authorized to act on behalf of the company no later than May 1, 2012.

• Marginal note:Content of report

  (2) Subject to subsection (3), the end of model year 2011 model year report must contain the following information:

  • (a) in respect of each of the company’s fleets of the 2011 model year,

    • (i) the fleet average CO₂ equivalent emission standard, calculated in accordance with section 16, and expressed in grams per mile,

    • (ii) the fleet average carbon-related exhaust emission value, calculated in accordance with subsection 18.1(1), and the values and data used in the calculation of that value,

    • (iii) the total number of advanced technology vehicles included in the fleet for calculating the fleet average carbon-related exhaust emission value,

    • (iv) the number of credits or deficits, calculated in accordance with subsection 20(3) and, if applicable, the number of available credits adjusted in accordance with subsection 21(4),

    • (v) the information set out in paragraphs 33(2)(g), (j) to (o), (q), (r) and (t),

    • (vi) if applicable, a statement that the company has elected to exclude from its fleets the passenger automobiles or light trucks that it manufactures or imports and that will be used in Canada solely for the purposes of exhibition, demonstration, evaluation or testing,

    • (vii) if applicable, a statement that the company has elected to include in its fleets all of its passenger automobiles or light trucks of the 2011 model year,

    • (viii) if applicable, a statement that the company has elected to exclude all emergency vehicles from its fleets of passenger automobiles or light trucks, and

    • (ix) if any, the number of CO₂ emission credits and early action credits that are used to offset a deficit incurred in respect of the fleets, as well as their identification by fleet of origin and model year; and

  • (b) in respect of its fleets of the 2008 to 2010 model years, the total number of early action credits calculated in accordance with subsection 29(1), and, if applicable, the number of available early action credits adjusted in accordance with subsection 29(8) for both fleets of those model years; and

  • (c) the total number of advanced technology vehicles included for the fleets of the 2008 to 2010 model years in the calculation conducted for the purposes of section 29.

• Marginal note:Reporting early action credits

  (3) In order to obtain early action credits under section 29 or 30 in respect of its fleets of the 2008 to 2010 model years, a company must also include in its 2011 model year report the following information in respect of each of the 2008 to 2010 model years and each fleet:

  • (a) the number of credits or deficits calculated in accordance with subsection 20(3);

  • (b) the fleet average CO₂ equivalent emission standard used in the calculation of the number of credits or deficits;

  • (c) the fleet average CO₂ equivalent emission value, calculated in accordance with section 18;

  • (d) the fleet average carbon-related exhaust emission value, calculated in accordance with subsection 18.1(2);

  • (e) the total number of vehicles in the fleet;

  • (f) the carbon-related exhaust emission value for each model type in the fleet, calculated in accordance with subsection 18.1(2), and all the values and data used in the calculation of that value;

  • (g) the number of vehicles of each model type;

  • (h) if the company calculates an allowance referred to in subsection 18.2(1), the value of the allowance for the fleet and, for each air conditioning system,

    • (i) a description of the system,

    • (ii) the CO₂ equivalent leakage reduction, calculated in accordance with that subsection, and all the values and data used in the calculation of the reduction, and

    • (iii) the total number of vehicles in the fleet that are equipped with the system;

  • (i) if the company calculates an allowance referred to in subsection 18.2(2), the value of the allowance for the fleet and, for each air conditioning system,

    • (i) a description of the system,

    • (ii) the air conditioning efficiency allowance, calculated in accordance with that subsection, and all the values and data used in the calculation of the allowance, and

    • (iii) the total number of vehicles in the fleet that are equipped with the system;

  • (j) if the company calculates an allowance referred to in subsection 18.3(5), the value of the allowance for the fleet and, for each innovative technology,

    • (i) a description of the technology,

    • (ii) the allowance for each innovative technology, determined in accordance with that subsection and, if applicable, subsection 18.3(6), and the values and data used in the calculation of the allowance, and

    • (iii) the total number of vehicles in the fleet that are equipped with the technology; and

  • (k) if applicable, evidence of the EPA approval referred to in subsection 18.3(6).

32 [Repealed, SOR/2014-207, s. 18]

Marginal note:End of model year report

• 33 (1) Unless a company meets the conditions of section 14, it must submit to the Minister, for vehicles of the 2012 and subsequent model years, an end of model year report signed by a person who is authorized to act on behalf of the company, no later than May 1 of the calendar year following the calendar year that corresponds to the model year in question.

• Marginal note:Content

  (2) The end of model year report, for a given model year, must contain the following information in respect of each of the company’s fleets:

  • (a) if applicable, a statement that the company has elected to create a temporary optional fleet of passenger automobiles or light trucks;

  • (b) if applicable, a statement that the company has elected to exclude from its fleets the passenger automobiles or light trucks that it manufactures or imports and that will be used in Canada solely for the purposes of exhibition, demonstration, evaluation or testing;

  • (b.1) if applicable, a statement that the company has elected to exclude emergency vehicles from its fleets of passenger automobiles and light trucks;

  • (c) the fleet average CO₂ equivalent emission standard, calculated in accordance with subsection 17(3);

  • (d) the CO₂ emission target value for each group, determined for the purposes of section 17, and the values and data used in the calculation of that value;

  • (e) the number of vehicles in each group constituted for the purposes of section 17;

  • (f) the total number of vehicles in the fleet;

  • (g) the fleet average CO₂ equivalent emission value, calculated in accordance with section 18;

  • (h) the fleet average carbon-related exhaust emission value, calculated in accordance with subsection 18.1(2);

  • (i) the carbon-related exhaust emission value for each model type, calculated in accordance with subsection 18.1(2), and the values and data used in the calculation of that value;

  • (i.1) if applicable, evidence demonstrating that the alternative value for the weighting factor “F” referred to in subsection 18.1(7) is more representative of the company’s fleet;

  • (j) the total number of advanced technology vehicles included in the fleet in the calculation of the fleet average carbon-related exhaust emission value;

  • (k) the number of vehicles of each model type in the fleet;

  • (l) if the company calculates an allowance referred to in subsection 18.2(1), the value of the allowance for the fleet and, for each air conditioning system,

    • (i) a description of the system,

    • (ii) the CO₂ equivalent leakage reduction, determined in accordance with that subsection, and the values and data used in the calculation of the reduction, and

    • (iii) the total number of vehicles in the fleet that are equipped with the system;

  • (m) if the company calculates an allowance referred to in subsection 18.2(2), the value of the allowance for the fleet and, for each air conditioning system,

    • (i) a description of the system,

    • (ii) the air conditioning efficiency allowance, determined in accordance with that subsection, and the values and data used in the calculation of the allowance, and

    • (iii) the total number of vehicles in the fleet that are equipped with the system;

  • (m.1) if the company calculates an allowance referred to in subsection 18.3(1), the value of the allowance for the fleet and, for each innovative technology,

    • (i) a description of the technology,

    • (ii) the allowance for that technology, determined in accordance with subsection  18.3(1) or (2), the values and data used in the calculation of the allowance and, if applicable, evidence of the EPA approval referred to in paragraph 18.3(2)(b) or the evidence referred to in paragraph 18.3(2)(c), and

    • (iii) the total number of vehicles in the fleet that are equipped with the technology;

  • (n) if the company calculates an allowance referred to in subsection 18.3(5), the value of the allowance for the fleet and, for each innovative technology,

    • (i) a description of the technology,

    • (ii) the allowance for that technology, determined in accordance with subsection 18.3(5) or (6), the values and data used in the calculation of the allowance, and, if applicable, evidence of the EPA approval referred to in paragraph 18.3(6)(a) or the evidence referred to in paragraph 18.3(6)(b), and

    • (iii) the total number of vehicles in the fleet that are equipped with the technology;

  • (o) if the company calculates an allowance referred to in subsection 18.4(1), the value of the allowance for the fleet and the values and data used in the calculation of the allowance;

  • (p) the number of credits or deficits, calculated in accordance with subsection 20(3) for the fleet;

  • (q) if applicable, a statement that the company has elected to apply subsection 18.1(3) and an indication of the number of credits obtained as a result of this election and of the number of vehicles in question;

  • (q.1) if applicable, a statement that the company has elected to apply subsection 18.1(4) and an indication of the number of credits obtained as a result of this election and of the number of vehicles in question;

  • (r) if any, the number of CO₂ emission credits and early action credits that are used to offset a deficit incurred in respect of the fleet of the model year in question or an outstanding deficit incurred in respect of the fleet, as well as their identification by fleet of origin and model year;

  • (s) if any, the amount of the payment made to the Receiver General to obtain the credits and the number of credits obtained upon such payment under section 23 that are used to offset a deficit incurred in respect of the fleets;

  • (s.1) if applicable, a statement that the company has elected to apply section 28.1, an indication of the total number of passenger automobiles and light trucks of the 2009 model year that were manufactured or imported for sale in Canada by the company and

    • (i) if the company results from a merger that took place after December 31, 2009, an indication of the total number of passenger automobiles and light trucks of the 2009 model year that were manufactured or imported for sale in Canada by each company involved in the merger, and

    • (ii) if the company purchased one or more companies after December 31, 2009, an indication of the total number of passenger automobiles and light trucks of the 2009 model year that were manufactured or imported for sale in Canada by each company it purchased; and

  • (t) an accounting of all the CO₂ emission credits and early action credits and deficits incurred for each model year and for each fleet.

• Marginal note:Content — temporary optional fleets

  (3) If a company elects to create a temporary optional fleet of passenger automobiles or light trucks, the end of model year reports for all the model years in respect of which an optional fleet was created must also contain the following information in respect of each of the company’s temporary optional fleets:

  • (a) a statement that

    • (i) the company has elected to exclude from its temporary optional fleets the passenger automobiles or light trucks that it manufactures or imports and that will be used in Canada solely for the purposes of exhibition, demonstration, evaluation or testing,

    • (i.1) the company has elected to exclude emergency vehicles from its temporary optional fleets,

    • (ii) indicates the total number of passenger automobiles or light trucks manufactured or imported for sale in Canada of the 2009 model year and, if applicable, those from the companies that have been purchased or merged, and

    • (iii) indicates that it results from the merger that has taken place after September 23, 2010 or if it has acquired other companies after that date;

  • (b) the optional fleet average CO₂ equivalent emission standard, calculated in accordance with subsection 24(2);

  • (c) the CO₂ emission target value for each group, determined for the purposes of section 17, and the values and data used in the calculation of that value;

  • (d) the number of vehicles in each group constituted for the purposes of section 17;

  • (e) the total number of vehicles in the temporary optional fleet;

  • (f) the fleet average CO₂ equivalent emission value, calculated in accordance with section 18;

  • (g) the fleet average carbon-related exhaust emission value, calculated in accordance with subsection 18.1(2);

  • (h) the carbon-related exhaust emission value for each model type, calculated in accordance with subsection 18.1(2), and the values and data used in the calculation of that value;

  • (i) the number of vehicles of each model type in the temporary optional fleet;

  • (j) if the company calculates an allowance referred to in subsection 18.2(1), the value of the allowance for the temporary optional fleet and, for each air conditioning system,

    • (i) a description of the system,

    • (ii) the CO₂ equivalent leakage reduction, determined in accordance with that subsection, and the values and data used in the calculation of the reduction, and

    • (iii) the total number of vehicles in the temporary optional fleet that are equipped with the system;

  • (k) if the company calculates an allowance referred to in subsection 18.2(2), the value of the allowance for the temporary optional fleet and, for each air conditioning system,

    • (i) a description of the system,

    • (ii) the air conditioning efficiency allowance, determined in accordance with that subsection, and the values and data used in the calculation of the allowance, and

    • (iii) the total number of vehicles in the temporary optional fleet that are equipped with the system;

  • (k.1) if the company calculates an allowance referred to in subsection 18.3(1), the value of the allowance for the temporary optional fleet and, for each innovative technology,

    • (i) a description of the technology,

    • (ii) the allowance for that technology, determined in accordance with subsection 18.3(1) or (2), the values and data used in the calculation of the allowance and, if applicable, evidence of the EPA approval referred to in paragraph 18.3(2)(b) or the evidence referred to in paragraph 18.3(2)(c), and

    • (iii) the total number of vehicles in the temporary optional fleet that are equipped with the technology;

  • (l) if a company calculates an allowance referred to in subsection 18.3(5), the value of the allowance for the temporary optional fleet and, for each innovative technology,

    • (i) a description of the technology,

    • (ii) the allowance for that technology, determined in accordance with subsection 18.3(5) or (6), the values and data used in the calculation of the allowance and, if applicable, evidence of the EPA approval referred to in paragraph 18.3(6)(a) or the evidence referred to in paragraph 18.3(6)(b), and

    • (iii) the total number of vehicles in the temporary optional fleet that are equipped with the technology;

  • (m) if applicable, evidence of the EPA approval referred to in subsection 18.3(6);

  • (n) the number of credits or deficits, calculated in accordance with subsection 20(3);

  • (o) if any, the number of CO₂ emission credits, credits obtained in respect of a temporary optional fleet and early action credits that are used to offset a deficit incurred in respect of the temporary optional fleet of the model year in question or an outstanding deficit incurred in respect of the temporary optional fleet, as well as their identification by fleet of origin and model year; and

  • (p) an accounting of all the credits obtained in respect of a temporary optional fleet and deficits incurred for each model year and for each temporary optional fleet.

• Marginal note:Additional information

  (4) The end of model year report must also contain the following information on each CO₂ emission credit transfer and early action credit transfer to or from the company since the submission of the previous end of model year report:

  • (a) the name, street address and, if different, the mailing address of the company that transferred the credits and the model year in respect of which that company obtained those credits;

  • (b) the name, street address and, if different, the mailing address of the company that received the credits;

  • (c) the date of the transfer; and

  • (d) the number of credits transferred, expressed in megagrams.

• Marginal note:Additional information — early compliance units and charging station units

  (4.1) The end of model year report must also contain the following information with respect to the combined fleet of the company:

  • (a) as applicable, with respect to any early compliance units obtained,

    • (i) the number of units obtained,

    • (ii) the total number of plug-in hybrid electric vehicles for which the all-electric driving range is at least 35 km and not more than 49 km,

    • (iii) the total number of plug-in hybrid electric vehicles equipped with less than seven seats for which the all-electric driving range is at least 50 km and not more than 64 km,

    • (iv) the total number of plug-in hybrid electric vehicles equipped with seven seats or more for which the all-electric driving range is at least 50 km and not more than 64 km,

    • (v) the total number of electric vehicles and fuel cell vehicles, and plug-in hybrid electric vehicles with an all-electric driving range of at least 65 km;

  • (b) as applicable, with respect to any charging station units created,

    • (i) the name and identification number of the charging station installation project for which they were created,

    • (ii) if applicable, the information referred to at paragraph 30.18(d) with respect to the project,

    • (iii) the total investment in the project and, if applicable, the amount invested by each company and third party and the proportion, expressed as a percentage, of their investment in the total investment in the project,

    • (iv) the number of charging stations installed as part of the project and the rated power of each,

    • (v) the Global Positioning System (GPS) coordinates to the fifth decimal place and, if any, street address of each charging station,

    • (vi) the date on which the charging stations became operational,

    • (vii) the number of charging station units that were created with respect to the project, and

    • (viii) a statement by each company and third party that invested in the project, indicating the total amount of their investment in the project and, in the case of a company, the number of charging station units they created, if any.

• Marginal note:Additional information — charging stations

  (4.2) The end of model year reports for the five model years following that in which charging station units are created must also contain the following information:

  • (a) the amount of time, in days and hours, during which each charging station is non-operational during the calendar year that corresponds to the year of the end of model year reportand the percentage of that year which that period represented, as well as the reason for any service interruptions; and

  • (b) the total number of kWh that the charging stations provided over the course of the calendar year that corresponds to the end of model year report.

• Marginal note:Additional information — compliance units and charging station units

  (4.3) The end of model year report must also contain the following information with respect to any compliance units and charging station units transferred to or from the company since the submission of the previous end of model year report:

  • (a) the name, street address and, if different, the mailing address of the company that transferred the units and the model year in respect of which that company obtained or created those units;

  • (b) the name, street address and, if different, the mailing address of the company that received those units and the model year in respect of which that company obtained or created those units; and

  • (c) the number of units transferred and the date of the transfer.

• Marginal note:Content — zero-emission vehicles

  (5) The end of model year report for the model year 2026 and subsequent model years must also contain the following information in respect of the company’s combined fleet:

  • (a) if applicable, a statement that the company has elected to exclude emergency vehicles and fire fighting vehicles from its combined fleet;

  • (b) the total number of automobiles;

  • (c) the total number of electric vehicles and fuel cell vehicles;

  • (d) the total number of plug-in hybrid electric vehicles, broken down according to their all-electric driving range, calculated in accordance with subsection 30.13(2), as follows:

    • (i) for the 2026 model year,

      • (A) those with at least 35 km and not more than 49 km,

      • (B) those equipped with less than seven seats and with an all-electric driving range of at least 50 km and not more than 64 km,

      • (C) those equipped with seven seats or more and with an all-electric driving range of at least 50 km and not more than 64 km, and

      • (D) those with at least 65 km,

    • (ii) for the 2027 model year,

      • (A) those equipped with less than seven seats and with an all-electric driving range of at least 50 km and not more than 79 km,

      • (B) those equipped with seven seats or more and with an all-electric driving range of at least 50 km and not more than 79 km, and

      • (C) those with an all-electric driving range of at least 80 km,

    • (iii) for the 2028 model year, those with an all-electric driving range of at least 50 km and not more than 79 km, and

    • (iv) for the 2028 and subsequent model years, those with an all-electric driving range of at least 80 km;

  • (e) the ZEV value calculated in accordance with section 30.13 and the actual charge-depleting range, used in the calculation referred to in subsection 30.13(2), for each plug-in hybrid electric vehicle;

  • (f) the total number of compliance units or the deficit calculated in accordance with subsection 30.14(3);

  • (g) the total number of compliance units used to offset the deficit incurred in respect of the combined fleet for the model year in question or a previous deficit incurred in respect of the combined fleet and, if applicable, the information referred to in subsection (4.3) that applies to those units;

  • (h) the number of early compliance units that were used to offset the deficit incurred in respect of the combined fleet for the model year in question or a previous deficit incurred in respect of the combined fleet and the model year with respect to which the units were obtained;

  • (i) the number of charging station units that were used to offset the deficit incurred in respect of the combined fleet for the model year in question or a previous deficit incurred in respect of the combined fleet and, if applicable, the information referred to in subsection (4.3) that applies to those units; and

  • (j) an accounting, for each model year, of the compliance units, early compliance units, charging station units and deficits.

Marginal note:Format for submission

34 Any report to be submitted under these Regulations must be submitted electronically in the format provided by the Minister, but the report must be submitted in writing if

• (a) no such format is provided; or

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

Declaration

Marginal note:Declaration — subsection 14(1) or paragraph 14(1.1)(d)

• 35 (1) For the purposes of subsection 14(1) or paragraph 14(1.1)(d), a company must submit a declaration to the Minister, signed by a person who is authorized to act on behalf of the company, no later than May 1 of the calendar year that corresponds to the model year in respect of which the company does not wish to be subject to sections 13 and 17 to 20, and must specify in the declaration the total number of passenger automobiles and light trucks manufactured or imported for sale in Canada for each model year in question.

• Marginal note:Declaration — paragraphs 14(1.1)(a) to (c)

  (2) For the purposes of paragraphs 14(1.1)(a) to (c), a company must submit a declaration to the Minister, signed by a person who is authorized to act on behalf of the company, no later than May 1 of the calendar year that corresponds to two, three or four model years, as the case may be, following the first model year for which the company manufactures or imports passenger automobiles or light trucks for sale in Canada, and must specify in the declaration the total number of passenger automobiles and light trucks manufactured or imported for sale in Canada for the model year in question.

Records

Evidence of Conformity

Marginal note:Evidence of conformity

• 36 (1) In the case of a vehicle that is covered by an EPA certificate and that is either sold concurrently in Canada and the United States or has a national emissions mark applied to it, evidence of conformity for the purpose of paragraph 153(1)(b) of the Act in respect of a company must consist of

  • (a) a copy of the EPA certificate covering the vehicle;

  • (b) one or both of the following:

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

    • (ii) a document demonstrating that the vehicle 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 and any application for an amendment to that EPA certificate and any records submitted to the EPA to maintain that EPA certificate; and

  • (d) a U.S. emission control information label that is permanently affixed to the vehicle in the form and location set out in section 1807 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, for the applicable model year.

• Marginal note:U.S. control information label

  (2) For the purpose of subsection (1), the U.S. emission control information label may be permanently affixed to the vehicle in any other form and location that may be specified in Title 40, chapter I, subchapter C, part 86, of the CFR.

Marginal note:Vehicles not sold in the United States

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

• Marginal note:Time of submission

  (2) For greater certainty, a company must submit the evidence of conformity to the Minister before importing a vehicle or applying a national emissions mark to it.

Marginal note:Subsection 153(2) of the Act

38 For greater certainty, a company that imports a vehicle or applies a national emissions mark to it under subsection 153(2) of the Act is not required to provide the Minister with the evidence of conformity referred to in subsection 37(1) before importing it or applying a national emissions mark to it, but must provide that evidence in accordance with subsection 153(2) of the Act before the vehicle leaves the possession or control of the company and before it is presented for registration under the laws of a province or an aboriginal government.

Fleet Average Records

Marginal note:Records — fleets

• 39 (1) A company must maintain records containing the following information for each of its fleets:

  • (a) the model year;

  • (b) the applicable fleet average CO₂ equivalent emission standard;

  • (c) the fleet average CO₂ equivalent emission value;

  • (d) the values and data used in calculating the fleet average CO₂ equivalent emission value, including information relating to the calculation of allowances;

  • (e) if applicable, a copy of the clarifications or additional information referred to in subsection 19(1); and

  • (f) the values used to calculate the CO₂ emission credits, the credits obtained in respect of a temporary optional fleet and the early action credits.

• Marginal note:Records — vehicles

  (2) A company must maintain records containing the following information for each vehicle in the fleet referred to in subsection (1):

  • (a) the model type and model year;

  • (b) the applicable fleet average CO₂ equivalent emission standard;

  • (c) in the case of a vehicle covered by an EPA certificate, the applicable test group identified in the application for the EPA certificate;

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

  • (e) the vehicle identification number;

  • (f) the applicable carbon-related exhaust emission value and the values and data used in calculating that value;

  • (f.1) in the case of a full-size pick-up truck in respect of which an allowance is calculated in accordance with subsection 18.4(1) for the use of a mild or strong hybrid electric technology, a description of the hybrid electric technology; and

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

Maintenance and Submission of Records

Marginal note:Maintenance of records

• 40 (1) A company must maintain, for vehicles of each model year, in writing or in a readily readable electronic or optical form,

  • (a) for a period of at least eight years after the end of the calendar year that corresponds to the model year in question, a copy of the reports referred to in sections 31 to 33;

  • (b) for a period of at least eight years after the date on which the main assembly of the vehicle was completed, the evidence of conformity referred to in section 36; and

  • (c) for a period of at least eight years after the end of the calendar year that corresponds to the model year in question, the records referred to in section 39.

• Marginal note:Records maintained on behalf of a company

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

• Marginal note:Written request for 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 must provide the Minister with the requested information, 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 36 or 37 must be translated from a language other than French or English, 60 days after the request is delivered to the company.

Information Regarding Suspension or Revocation of EPA Certificate

Marginal note:Information to be submitted

40.1 If an EPA certificate referred to in section 12 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) 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 that are covered by the EPA certificate.

Importation Document

Marginal note:Importation for exhibition, demonstration, evaluation or testing

41 The declaration referred to in paragraph 155(1)(a) of the Act must be made in accordance with section 41 of the On-Road Vehicle and Engine Emission Regulations.

Rental Rate

Marginal note:Rental rate

42 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 is made available, is the rate prescribed in section 43 of the On-Road Vehicle and Engine Emission Regulations.

Application for Exemption

Marginal note:Application

43 A company applying under section 156 of the Act for an exemption from conformity with any standard specified under these Regulations must submit in writing to the Minister the information set out in section 44 of the On-Road Vehicle and Engine Emission Regulations.

Defect Information

Marginal note:Notice of defect

• 44 (1) The notice of defect referred to in subsections 157(1) and (4) of the Act must be given in writing and must contain the information set out in subsection 45(1) of the On-Road Vehicle and Engine Emission Regulations.

• Marginal note:Reports

  (2) In respect of a notice of defect issued under these Regulations, a company must comply with subsections 45(1.1) to (3) of the On-Road Vehicle and Engine Emission Regulations.

• Marginal note:Applicable standard

  (3) For the application of section 157 of the Act, the prescribed standard that applies to a vehicle is the product of 1.1 multiplied by the carbon-related exhaust emission value for the model type in question, calculated in accordance with subsection 18.1(2), or by the equivalent value in the case of a model type of the 2011 model year.

• Marginal note:Applicable standard — subconfiguration

  (4) For the purposes of subsection (3), if the carbon-related exhaust emission value for a subconfiguration of the model type in question was used in the calculation under subsection 18.1(2), the prescribed standard that applies to a vehicle is the product of 1.1 multiplied by the carbon-related exhaust emission value for that subconfiguration.

Coming into Force

Marginal note:Registration

45 These Regulations come into force on the day on which they are registered.