On-Road Vehicle and Engine Emission Regulations — 44
44 (1) A company applying under section 156 of the Act for an exemption from conformity with any standard prescribed under these Regulations shall, before importing an engine or vehicle or applying a national emissions mark to an engine or vehicle, submit in writing to the Minister (a) its name, street address and, if different, its mailing address; (b) the province or country under the laws of which it is established; (c) the section number, title and text or substance of the standards from which an exemption is sought; (d) the duration requested for the exemption; (e) the reason for requesting an exemption; and (f) if the company is requesting that the information submitted be treated as confidential under section 313 of the Act, the reasons for the request. (g) [Repealed, SOR/2006-268, s. 15] (2) If the basis of an application for an exemption is substantial financial hardship, the company shall include in the submission to the Minister (a) the world production of vehicles or engines manufactured by the company or by the manufacturer of the model that is the subject of the application in the 12 month period beginning two years before the beginning of the period in respect of which the exemption is applied for; (b) the total number of vehicles or engines manufactured for, or imported into, the Canadian market in the 12 month period beginning two years before the beginning of the period in respect of which the exemption is applied for; (c) technical and financial information demonstrating in detail why conformity to the standards referred to in paragraph (1)(c) would create substantial financial hardship, including (i) a list of each of the items that would have to be altered in order to achieve conformity, (ii) an itemized and detailed description of the estimated cost to make the alterations referred to in subparagraph (i) (A) at the end of one year after the day on which the application is submitted, if the duration of the requested exemption is for a period of one year or more but less than two years, (B) at the end of two years after the day on which the application is submitted, if the duration of the requested exemption is for a period of two years or more but less than three years, or (C) at the end of three years after the day on which the application is submitted, if the duration of the requested exemption is for a period of three years, (iii) the estimated price increase per vehicle or engine to counter the total costs incurred pursuant to subparagraph (ii) and a statement of the anticipated effect of each such price increase, and (iv) corporate balance sheets and income statements for the three fiscal years immediately preceding the filing of the application; (v) [Repealed, SOR/2013-8, s. 22] (d) a description of the company’s efforts to conform to the standards from which the exemption is sought, including (i) a description of any other means of achieving conformity that were considered and the reasons for rejecting each of them, and (ii) a description of the steps to be taken while the exemption is in effect and the estimated date by which conformity will be achieved through design changes or the termination of the production of non-conforming vehicles or engines; and (e) a copy of the research, development and testing documentation establishing that an exemption would not substantially diminish the control of emissions of the vehicle or engine, including (i) a statement of the reasons why not conforming to the prescribed standards would not substantially diminish the control of emissions of the vehicle or engine, and (ii) a description of other means of achieving conformity with the prescribed standards that were considered by the company and the reasons for rejecting each of them. (3) If the basis of an application for exemption is the development of new emission monitoring or emission control features that are equivalent or superior to those that conform to the prescribed standards, the company shall include