Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations (SOR/2013-24)

Heavy-duty Vehicles, Heavy-duty Engines and Trailers Covered by EPA Certificate

Marginal note:Conforming to EPA certificate

• 13 (1) Subject to subsections (4), (7.1) and (8), a heavy-duty vehicle, heavy-duty engine or trailer of a given model year that is covered by an EPA certificate and bears the U.S. emission control information label or U.S. engine information label referred to in paragraph 53(d) must conform to the certification and in-use standards referred to in the EPA certificate instead of to the following standards, whichever apply:

  • (a) sections 14 to 16 and subsection 20(1) for Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles, excluding those that are vocational vehicles or incomplete vocational vehicles;

  • (b) sections 14 to 16 and, as the case may be, subsection 26(1), (1.1), (1.2) or (1.3) for vocational vehicles and incomplete vocational vehicles;

  • (c) sections 14 to 16 and, as the case may be, subsection 27(1) or paragraph 27(1.1)(a) for tractors and incomplete tractors;

  • (d) sections 14 and 15 and subsection 29(1) and, as the case may be, section 30 or subsection 31(1), (2) or (5) for heavy-duty engines; and

  • (e) section 15 and, as the case may be, subsection 16.1(1) or 33.1(1) or (2) for trailers.

• Marginal note:Exceeding N₂O or CH₄ emission standard — vehicles

  (2) Subsections 20(3) to (6) apply in respect of a company’s Class 2B or Class 3 heavy-duty vehicles or cab-complete vehicles — excluding those that are vocational vehicles or incomplete vocational vehicles — that are covered by an EPA certificate and, as the case may be, conform to a N₂O or CH₄ family emission limit that exceeds the N₂O or CH₄ emission standard applicable to their model year under these Regulations.

• Marginal note:Comply with CO₂ emission credit system

  (3) Despite subsection (1), when a company participates in the CO₂ emission credit system set out in sections 34 to 47 for its heavy-duty vehicles or heavy-duty engines that are covered by an EPA certificate, it must comply with the CO₂ emission credit system provisions that relate to the emission standards referred to in subsection (1).

• Marginal note:Fleets — vehicles

  (4) A company that manufactures or imports a vocational vehicle, incomplete vocational vehicle, tractor or incomplete tractor that is covered by an EPA certificate and conforms to a CO₂ family emission limit that exceeds the CO₂ emission standard applicable to the model year of that vehicle under these Regulations, must participate in the CO₂ emission credit system set out in sections 34 to 47 and must, in accordance with section 18, group into fleets

  • (a) at least 50% of its vocational vehicles and incomplete vocational vehicles and at least 50% of its tractors and incomplete tractors of the 2015 model year if the number of heavy-duty vehicles it sold in Canada is greater than 500;

  • (b) at least 75% of its vocational vehicles and incomplete vocational vehicles and at least 75% of its tractors and incomplete tractors of the 2016 model year if the number of heavy-duty vehicles it sold in Canada is greater than 500; and

  • (c) all its 2017 and subsequent model year heavy-duty vehicles.

• Marginal note:Credits — heavy-duty vehicles of 2015 and 2016 model years

  (5) Unless a company elects to group all its vocational vehicles, incomplete vocational vehicles, tractors and incomplete tractors into fleets, credits obtained under paragraph (4)(a) or (b), as the case may be, for an averaging set of heavy-duty vehicles of the 2015 or 2016 model year may only be used to offset a deficit incurred for that averaging set of the same model year, after which the credits are no longer valid.

• Marginal note:If all vehicles grouped into fleets

  (6) For the purposes of subsection (4),

  • (a) credits obtained for the 2014 model year may be used to offset a deficit for an averaging set of the 2015 model year if the company groups into fleets all its vehicles of the 2014 and 2015 model years;

  • (b) credits obtained for the 2014 and 2015 model years may be used to offset a deficit for an averaging set of the 2016 model year if the company groups into fleets all its vehicles of the 2014, 2015 and 2016 model years; and

  • (c) credits obtained for the 2014, 2015 and 2016 model years may be used to offset a deficit for an averaging set of the 2017 or subsequent model year if the company groups into fleets all its vehicles of the 2014, 2015 and 2016 model years.

• Marginal note:Early action credits

  (7) For the purposes of subsection (4), for an averaging set of the 2014, 2015 or 2016 model year, a company may use early action credits obtained in accordance with section 47 if the company groups into fleets all its vocational vehicles, incomplete vocational vehicles, tractors and incomplete tractors of the averaging set for the model year in which the early action credits are used.

• Marginal note:Exceeding N₂O or CH₄ emission standard — engines

  (7.1) Subsections 29(4) to (7) apply in respect of a company’s heavy-duty engines that are covered by an EPA certificate if

  • (a) the engines conform to a N₂O or CH₄ family emission limit that exceeds the N₂O or CH₄ emission standard applicable to engines of their model year under these Regulations; and

  • (b) the number of engines referred to in paragraph (a) that are sold in Canada by the company

    • (i) is greater than 100 but less than or equal to 1000 and is more than twice the number of engines sold in the United States that are of the same engine family, or

    • (ii) is greater than 1000 and exceeds the number of engines sold in the United States that are of the same engine family.

• Marginal note:Fleets — engines

  (8) A company that manufactures or imports an engine that is covered by an EPA certificate must group all its engines into fleets in accordance with section 18 and must participate in the CO₂ emission credit system set out in sections 34 to 47 if the following conditions are met:

  • (a) the engine conforms to a CO₂ family certification level that exceeds the CO₂ emission standard applicable to that engine’s model year under these Regulations; and

  • (b) the number of engines referred to in paragraph (a) sold in Canada by the company

    • (i) is greater than 100 but less than or equal to 1000 and is more than twice the number of engines sold in the United States that are of the same engine family, or

    • (ii) is greater than 1000 and exceeds the number of engines sold in the United States that are of the same engine family.

• Marginal note:Comply with CO₂ emission credit system

  (8.1) Despite subsection (1), if a company participates in the CO₂ emission credit system set out in sections 47.1 to 47.5 for its full-aero box van trailers that are covered by an EPA certificate, it must comply with the CO₂ emission credit system provisions that relate to the emission standards referred to in subsection (1).

• Marginal note:Fleets — trailers

  (8.2) A company that manufactures or imports a full-aero box van trailer of the 2027 model year or a subsequent model year that is covered by an EPA certificate and conforms to a CO₂ family emission limit that exceeds the CO₂ emission standard applicable to the model year of that trailer under these Regulations must group all of its full-aero box van trailers of that model year into fleets or subfleets, as the case may be, in accordance with section 18 and participate in the CO₂ emission credit system set out in sections 47.1 to 47.5.

• Marginal note:Subsection 153(3) of Act

  (9) For the purposes of subsection 153(3) of the Act, the provisions of the CFR that are applicable under an EPA certificate to a vehicle, engine or trailer referred to in subsection (1) correspond to the standards referred to in paragraphs (1)(a) to (e).

• Marginal note:EPA

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

Emission Control Systems

Marginal note:On-Road Vehicle and Engine Emission Regulations

• 14 (1) An emission control system that is installed in a heavy-duty vehicle or heavy-duty engine for the purpose of conforming to the standards set out in these Regulations must comply with subsection 11(1) of the On-Road Vehicle and Engine Emission Regulations.

• Marginal note:Defeat device

  (2) A heavy-duty vehicle or heavy-duty engine must not be equipped with a defeat device.

• Marginal note:Exception — emergency vehicles

  (2.1) Despite subsection (2), an emergency 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;

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

• 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 these Regulations.

Adjustable Parameters

Marginal note:Definition of adjustable parameter

• 15 (1) In this section, adjustable parameter means a device, system or element of design that is capable of being adjusted to affect the emissions or performance of a heavy-duty vehicle, heavy-duty engine or trailer during emission testing or normal in-use operation, but does not include a device, system or element of design that is permanently sealed by the manufacturer or that is inaccessible using ordinary tools.

• Marginal note:Standards

  (2) A heavy-duty vehicle, heavy-duty engine or trailer that is equipped with adjustable parameters must conform to the applicable standards under these Regulations for any specification within the adjustable range.

• Marginal note:Fairings

  (3) A tractor’s roof fairing and a trailer’s rear fairing are not adjustable parameters for the purposes of this section.

Air-conditioning Systems

Marginal note:Standards

16 A heavy-duty vehicle or heavy-duty incomplete vehicle that is equipped with an air-conditioning system must conform to

• (a) section 1819(h) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR in the case of a Class 2B or Class 3 heavy-duty vehicle or cab-complete vehicle, other than a vocational vehicle or incomplete vocational vehicle; or

• (b) section 115(e) of Title 40, chapter I, subchapter U, part 1037, subpart B, of the CFR in the case of a vocational vehicle or incomplete vocational vehicle of the 2021 model year or a subsequent model year or a tractor or incomplete tractor.

Non-box Trailers and Non-aero Box Van Trailers

Marginal note:Standards

• 16.1 (1) For the 2020 model year and subsequent model years, every non-box trailer and non-aero box van trailer must be equipped with

  • (a) an automatic tire inflation system or tire pressure monitoring system for each wheel that is mounted on an axle; and

  • (b) tires with a tire rolling resistance level of

    • (i) in the case of non-box trailers,

      • (A) for the 2020 model year, 6 kg/t or less, or

      • (B) for the 2021 model year and subsequent model years, 5.1 kg/t or less , and

    • (ii) in the case of non-aero box van trailers,

      • (A) for the 2020 model year, 5.1 kg/t or less, or

      • (B) for the 2021 model year and subsequent model years, 4.7 kg/t or less.

• Marginal note:Determination of tire rolling resistance level

  (2) The tire rolling resistance level must be determined in accordance with the procedures described in sections 515(b) and 520(c) of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR.

Small Volume Companies

Marginal note:Exemption

• 17 (1) A company may elect, for a given model year, not to comply with the standards set out in any of subsections 26(1), (1.1), (1.2), (1.3) and (5) and 27(1), (1.1), (1.2) and (7), as the case may be, for its vocational vehicles, incomplete vocational vehicles, tractors and incomplete tractors and, in the case of vocational vehicles, incomplete vocational vehicles, tractors and incomplete tractors that are covered by an EPA certificate, the company may elect not to comply with subsection 13(4), if the following conditions are met:

  • (a) it manufactured or imported in 2011 for sale in Canada in total less than 200 tractors and vocational vehicles;

  • (b) the number of vocational vehicles and tractors of the model year in question that it manufactures or imports for sale in Canada is fewer than 200; and

  • (c) it reports this election in its end of model year report in accordance with section 48.

• Marginal note:Exemption — engines

  (1.1) A company that makes an election referred to in subsection (1) may also make one or both of the elections set out in one of the following paragraphs in respect of the engines of a given model year that are installed in its vocational vehicles and tractors referred to in subsection (1) if it reports the election in its end of model year report in accordance with section 48:

  • (a) in the case of heavy-duty engines other than those that are covered by an EPA certificate, not to comply with

    • (i) the N₂O and CH₄ emission standards set out in section 29, or

    • (ii) the CO₂ emission standards set out in section 30 or subsection 31(1), (2) or (5); and

  • (b) in the case of heavy-duty engines that are covered by an EPA certificate, not to comply with subsection 13(7.1) or (8).

• Marginal note:CO₂ emission credit system

  (2) A company that makes an election referred to in subsection (1) or (1.1) must not participate in the CO₂ emission credit system set out in sections 34 to 47 for the model year in question.

• Marginal note:Merger

  (3) If a company merges with one or more companies after the day on which these Regulations come into force, the company that results from the merger may make an election referred to in subsection (1) or (1.1) if the combined number of vocational vehicles and tractors manufactured or imported for sale in Canada by the merged companies under each of paragraphs (1)(a) and (b) is fewer than 200.

• Marginal note:Acquisition

  (4) If a company acquires one or more companies, it must

  • (a) in the case where the company made an election referred to in subsection (1) or (1.1) before the acquisition, recalculate the number of vocational vehicles and tractors that it manufactured or imported for sale in Canada under each of paragraphs (1)(a) and (b) by adding to that number the number of vocational vehicles and tractors that were manufactured or imported for sale in Canada by each of the acquired companies and report the total number in its first end of model year report following the acquisition; and

  • (b) in the case where the company makes an election referred to in subsection (1) or (1.1) after the acquisition, calculate the number of vocational vehicles and tractors that it manufactured or imported for sale in Canada under each of paragraphs (1)(a) and (b) by adding to that number the number of vocational vehicles and tractors that were manufactured or imported for sale in Canada by each of the acquired companies.