Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations

Marginal note:Notice of defect

• 63 (1) The notice of defect referred to in subsections 157(1) and (4) of the Act must contain the following information:

  • (a) the name of the company giving the notice and its street address and, if different, mailing address, and the name, email address, telephone number and, if any, facsimile number of the appropriate contact person;

  • (b) in the case of vehicles, the range or ranges of vehicle identification numbers for the vehicles in respect of which the notice is given, if known, and, for each of those vehicles, its make, model and model year and the period during which it was manufactured;

  • (c) in the case of engines, for each engine in respect of which the notice is given, its make, model and model year and the period during which it was manufactured;

  • (d) in the case of trailers, the range or ranges of trailer identification numbers for the trailers in respect of which the notice is given, if known, and, for each of those trailers,

    • (i) its make,

    • (ii) its model or, if there is no model, its type, length and axle configuration,

    • (iii) its model year, and

    • (iv) the period during which it was manufactured;

  • (e) the total number of vehicles, engines or trailers in respect of which the notice is given or, if the total number is not known, the estimated number, and the number or estimated number of vehicles, engines or trailers in each identifying classification;

  • (f) the estimated percentage of the potentially affected vehicles, engines or trailers that contain the defect;

  • (g) a description of the defect;

  • (h) an evaluation of the pollution risk arising from the defect;

  • (i) a statement of the measures to be taken to correct the defect; and

  • (j) a chronology of the principal events that led to the determination of the existence of the defect, if known.

• Marginal note:Form of notice

  (2) The notice of defect must be given in writing and, when given to a person other than the Minister, must be

  • (a) in both official languages; or

  • (b) in the person’s official language of choice, if known.

• Marginal note:Initial report

  (3) A company must, within 60 days after the day on which a notice of defect is given, submit to the Minister the initial report referred to in subsection 157(7) of the Act containing

  • (a) any changes to the information referred to in subsection (1);

  • (b) if not already provided in the notice, the range or ranges of vehicle or trailer identification numbers;

  • (c) if not already provided in the notice, the total number of vehicles, engines or trailers in respect of which the notice was given and the number of vehicles, engines or trailers in each identifying classification;

  • (d) if not already provided in the notice, a chronology of the principal events that led to the determination of the existence of the defect; and

  • (e) copies of all notices, bulletins and other circulars issued by the company in respect of the defect, including a detailed description of the nature and physical location of the defect with diagrams and other illustrations, as necessary.

• Marginal note:Quarterly reports

  (4) If a company submits an initial report under subsection (3), it must, within 45 days after the day on which each quarter ends, submit quarterly reports to the Minister respecting the defect and its correction that contain the following information:

  • (a) the number, title or other identification assigned by the company to the notice of defect;

  • (b) if applicable, the revised number of vehicles, engines or trailers in respect of which the notice of defect was given;

  • (c) the date on which the notice of defect was given to the current owners of the affected vehicles, engines or trailers and the dates of any follow-up communications with those owners in respect of the notice; and

  • (d) the total number or percentage of vehicles, engines or trailers repaired by or on behalf of the company, including vehicles, engines or trailers requiring inspection only.

• Marginal note:Applicable standard — CO₂ emissions

  (5) For the application of section 157 of the Act, the CO₂ emission standard that applies

  • (a) to Class 2B and Class 3 heavy-duty vehicles and cab-complete vehicles — excluding those that are vocational vehicles or incomplete vocational vehicles — or to spark-ignition engines that conform to the alternative CO₂ emission standard referred to in section 25 is the product of 1.1 multiplied by the CO₂ emission value for that vehicle configuration, rounded to the nearest gram per mile;

  • (b) to vocational vehicles is the result of the GEM computer simulation model using the parameters specified in subsection 26(2);

  • (c) to tractors of the 2020 model year or an earlier model year is the result of the GEM computer simulation model using the parameters specified in subsection 27(2), except that the coefficient of aerodynamic drag may originate from a bin for which the coefficient of aerodynamic drag is higher than that of the bin of the subject vehicle;

  • (d) to tractors of the 2021 model year or a subsequent model year is the result of the GEM computer simulation model using the parameters specified in subsection 27(2);

  • (e) to heavy-duty engines — other than engines referred to in paragraph (f), (g) or (h) — is the product of 1.03 multiplied by the applicable standard set out in section 30 for that engine, or in the case of an engine that is grouped into a fleet referred to in section 18, the product of 1.03 multiplied by the CO₂ deteriorated emission level applicable to the fleet;

  • (f) to heavy-duty engines of the 2014 to 2016 model years that conform to the alternative CO₂ emission standard referred to in subsection 31(1) is the product of 1.03 multiplied by the alternative CO₂ emission standard;

  • (g) to heavy-duty engines of the 2013 to 2016 model years that conform to the alternative CO₂ emission standard referred to in subsection 31(2) is the product of 1.03 multiplied by the alternative CO₂ emission standard;

  • (h) to heavy-duty engines of the 2024 to 2026 model years that conform to the alternative CO₂ emission standard referred to in subsection 31(5) is the product of 1.03 multiplied by the alternative CO₂ emission standard, or in the case of an engine that is grouped into a fleet referred to in section 18, the product of 1.03 multiplied by the CO₂ deteriorated emission level applicable to the fleet; and

  • (i) to full-aero and partial-aero box van trailers is the result of the compliance equation set out in section 515(a) of Title 40, chapter I, subchapter U, part 1037, subpart F, of the CFR.

• Marginal note:Applicable standard — design

  (6) For the purposes of section 157 of the Act, the standard that applies to a non-box trailer or a non-aero box van trailer is the one that is set out in section 16.1.