GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Marine Spark-Ignition Engine, Vessel and Off-road Recreational Vehicle Emission Regulations — 26
Fleet average emission credits or deficits 26 (1) The fleet average emission credits or deficits, in respect of each emission type and for each fleet of engines, is the sum of the family emission credits or deficits for each emission family of that fleet determined in accordance with subsection (2). The sum is to be rounded to the nearest whole number of kilograms, and if the sum is equidistant between two whole numbers of kilograms, the sum is the higher of them. Family emission credits or deficits (2) The family emission credits or deficits in respect of each emission type and for each emission family of a fleet of engines for a given model year is determined in accordance with the following formula: (S-L) × N × P × U × 0.207 × 10 –3 where S is the applicable exhaust emission standard, expressed in g/kW-hr, for that emission type; L is the family emission limit for that emission family, expressed in g/kW-hr, for that emission type; N is the number of engines in that family; P is the maximum engine power for that emission family, expressed in kilowatts, determined in accordance with section 140 of subpart B of CFR 1045; and U is the useful life for engines of that emission family, as established under subsection 13(2) or 14(2) or (3), as the case may be, expressed in hours. Engines manufactured before coming into force (3) For the purposes of determining the family emission credits or deficits in respect of each emission type and for each emission family of a fleet of engines for the 2012 model year, the company may include all engines of that model year, including those manufactured before this section comes into force.
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Deficits 27 (1) Any fleet average emission deficits for engines must be offset with an equivalent number of fleet average emission credits obtained by the company or transferred to it by another company. The deficits and credits must be in respect of the same type of fleet, the same emission type and the same standard, expressed in the same units. Remaining credits (2) A company may bank any remaining credits to offset future deficits in accordance with subsection (1) or transfer them to another company. Period for offsetting (3) A company must offset any fleet average emission deficits for a fleet for a given model year (a) in the case of a fleet for the 2012 model year, no later than the day on which the company submits the end of model year report in respect of that fleet for the 2014 model year; and (b) in the case of a fleet for the 2013 and subsequent model years, no later than the day on which the company submits the end of model year report in respect of that fleet for that model year. Exception — jet boat engines (4) Despite subsection (1), during a given model year, a company that manufactures or imports a jet boat engine that is described in sections 660(a) and (c) of subpart G of CFR 1045 may offset any family emission deficits in respect of that jet boat engine with family emission credits, determined under subsection 26(2), in respect of a family of its fleet of outboards and personal watercraft engines that relate to the same model of engine as that jet boat engine. The credits so used cannot have been transferred to the company from another company. Cancellation of credits — CO exhaust emissions (5) Despite subsection (2), any fleet average emission credits in respect of CO exhaust emissions credits, other than those used under subsection (4), that are determined, in relation to a given model year, under subsection 26(1) in respect of a company’s fleet of outboards and personal watercraft engines and are reported under section 33 are cancelled upon receipt of the report.
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Applicable standards — sections 20 to 22 28 (1) Subject to section 31 and for the purposes of paragraph 11(1)(d), the fleet average emission value in respect of each emission type for a fleet of vehicles for a given model year must not exceed the applicable standard referred to in any of sections 20 to 22, as the case may be. Emission types (2) The emission types referred to in subsection (1) are as follows: (a) for a fleet of snowmobiles, (i) HC exhaust emissions for the 2012 and subsequent model years, (ii) CO exhaust emissions for the 2012 and subsequent model years, and (iii) fuel tank permeation emissions for the 2012 and subsequent model years; (b) for a fleet of off-road motorcycles, (i) HC + NO x exhaust emissions for the 2012 and subsequent model years, (ii) CO exhaust emissions for the 2012 and subsequent model years, and (iii) fuel tank permeation emissions for the 2012 and subsequent model years; and (c) for a fleet of all-terrain vehicles or of utility vehicles, or a fleet grouping both those classes, (i) HC + NO x exhaust emissions for the 2012 and subsequent model years, and (ii) fuel tank permeation emissions for the 2012 and subsequent model years. Election to not determine (3) A company may elect to not determine the fleet average emission value for any emission type for a given model year in respect of a fleet of vehicles if every vehicle in that fleet conforms to the family emission limit that is applicable to that emission type, which must not exceed the applicable standard, referred to in any of sections 20 to 22 as the case may be for vehicles of that model year. Deemed average value (4) If a company makes an election under subsection (3), the fleet average emission value for the emission type for which the election was made in respect of that fleet of vehicles for the model year in question is deemed to be equal to that applicable standard.
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Obtaining credits 30 (1) For the purposes of subparagraph 162(1)(b)(i) of the Act, a company obtains fleet average emission credits in relation to a given emission type in respect of a fleet of vehicles referred to in subparagraph 11(1)(d)(ii) for a given model year when (a) the fleet average emission value for the fleet for that emission type, determined under section 29, is less than the applicable standard in respect of the fleet for that emission type; and (b) the company reports those credits in its end of model year report under section 33. Result of excluding EPA certified vehicles (2) A company that excludes vehicles in accordance with subsection 24(4) from a fleet of vehicles for a given model year (a) is ineligible to obtain fleet average emission credits in respect of that fleet; and (b) forfeits all fleet average emission credits, obtained in respect of previous model years, in respect of that fleet. Determination of fleet average emission credits (3) The fleet average emission credits in respect of a fleet of vehicles in relation to a given emission type for a given model year, expressed in grams, are determined in accordance with the following formula: The formula for the determination of the fleet average emission credits in respect of a fleet of vehicles in relation to a given emission type for a given model year is the difference between A and B multiplied by the sum of the products resulting from the multiplication of Yi and Zi for each emission family, “i”, in the fleet. where A is the applicable standard for the fleet in relation to the given emission type for the given model year; B is the fleet average emission value in relation to the given emission type, determined in accordance with section 29, for the given model year; TOT is the total number of emission families in the fleet; “i” is the i th emission family in the fleet, where “i” goes from 1 to TOT; Y i is, in the case of exhaust emissions, the number of vehicles in the fleet that are in the emission family “i” and, in the case of evaporative emissions, the number of vehicles in the fleet that are in the emission family “i” multiplied by the average internal surface area of the vehicles’ fuel tanks expressed in square metres; and Z i is the useful life applicable to the emission family “i” as described for Z i in the formula set out in subsection 29(1). Rounding (4) If the fleet average emission credits determined in accordance with subsection (3) results in a fraction, the fraction is to be expressed in decimal form and rounded to one decimal place, the digit at that first decimal place being increased by one if the digit at the second decimal place is 5 or more.
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Deficit 31 (1) If a company’s fleet average emission value in respect of an emission type for a fleet of vehicles exceeds the applicable standard in respect of the fleet for that emission type, the company’s fleet average emission deficits is the negative number determined in accordance with the formula set out in subsection 30(3). Offsetting of the deficit (2) Any fleet average emission deficits must be offset with an equivalent number of fleet average emission credits obtained by the company or transferred to it by another company. The deficits and credits must be in respect of the same type of fleet, the same emission type and the same standard, expressed in the same units. Remaining credits (3) A company may bank any remaining credits to offset future deficits in accordance with subsection (2) or transfer them to another company. Period for offsetting (4) A company must offset any fleet average emission deficit for a fleet for a given model year (a) in the case of a fleet for the 2012 model year and in relation to exhaust emissions, no later than the day on which the company submits the end of model year report in respect of that fleet for the 2014 model year; (b) in the case of a fleet for the 2012 model year and in relation to fuel tank permeation emissions, no later than the day on which the company submits the end of model year report in respect of that fleet for the 2014 model year; (c) in the case of a fleet for the 2013 and subsequent model years and in relation to exhaust emissions, no later than the day on which the company submits the end of model year report in respect of that fleet for that model year; and (d) in the case of a fleet for the 2013 and subsequent model years and in relation to fuel tank permeation emissions, no later than the day on which the company submits the end of model year report in respect of that fleet for that model year.
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Acquisition or merger 32 (1) A company that acquires another company or that results from the merger of companies is responsible for offsetting any outstanding deficits of the acquired or merged companies. Ceasing activities (2) If a company ceases to manufacture, import or sell engines or vehicles, it must, before submitting its last end of model year report, offset any outstanding deficits for its fleets.
Marine Spark-Ignition Engine, Vessel and Off-road Recreational Vehicle Emission Regulations — 33
cles were a fleet. However, that information is not required to be included in that report if the company imports less than 100 engines or vehicles, as the case may be, for that model year. Additional information for excluded engines and vehicles (5) If the engines or vehicles are excluded from a fleet under subsection 24(4) for a given model year, the company must also include in the end of model year report for that model year the information referred to in paragraphs (3)(b) and (c) separately as if those engines or vehicles were included in the fleet. Manufactured before the coming into force date (6) If the main assembly of every vehicle, or the manufacture of every engine, for the 2012 model year is completed before the coming into force of this section, the company may, instead of complying with subsections (2) to (5), include a statement to that effect in the end of model year report for the 2012 model year. SOR/2020-258, s. 76
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Provision to first retail purchaser 34 (1) A company must ensure that written instructions respecting emission-related maintenance are provided to the first retail purchaser of every engine, vessel or vehicle. Language of instructions (2) The instructions must be provided in English, French or both official languages, as requested by that purchaser.
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EPA certificates 35 (1) For the purposes of paragraph 153(1)(b) of the Act, in the case of an engine or vehicle referred to in paragraph 11(1)(b) and of a vessel or outboard referred to in paragraph 11(1)(c), evidence of conformity in respect of a company consists of (a) a copy of the EPA certificates covering the engine, the vehicle or the fuel lines and fuel tanks installed in the vessel or outboard, as the case may be; (b) a document demonstrating that those engines, vehicles and vessels are sold concurrently in Canada and the United States; (c) a copy of the records submitted to the EPA in support of the application, and any amended application, for the issuance of those EPA certificates; and (d) an emission control information label that is permanently affixed in the form and location set out in (i) sections 135(b) to (f) of subpart B of CFR 1045, for an engine, (ii) sections 135(a) to (e) of subpart B of CFR 1060, for a vessel or, if applicable, an outboard, and (iii) sections 135(b) to (e) of subpart B of CFR 1051, for a vehicle. No EPA certificates (2) For the purposes of paragraph 153(1)(b) of the Act, in the case of an engine or vehicle, other than one referred to in paragraph 11(1)(b), or of a vessel or outboard, other than one referred to in paragraph 11(1)(c), evidence of conformity must be obtained and produced by the company in a form and manner satisfactory to the Minister. When to submit evidence of conformity (3) For greater certainty, the company must submit the evidence of conformity referred to in subsection (2) to the Minister before applying a national emissions mark to the engine, vehicle or vessel or importing the engine, vehicle or vessel.
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Period 36 (1) A company must maintain a record, in writing or in a readily readable electronic or optical form, that contains the following information and retain the record for the following periods: (a) the end of the model year report referred to in section 33, for a period of eight years after the model year in question; (b) the evidence of conformity referred to subsection 35(1) or (2), as the case may be, for a period of eight years (i) after the manufacture of the engine is complete, or (ii) after the main assembly of the vehicle or the vessel; (c) for each model year and for each engine or vehicle of each of its fleets, for a period of eight years after the model year in question, (i) the model and emission family, (ii) the name and civil address of the plant where the engine or vehicle was manufactured, (iii) the engine or vehicle identification number, (iv) the family emission limit to which the engine or vehicle conforms, (v) the name and civil address, or mailing address, of the first retail purchaser of the engine or vehicle in Canada, and (vi) for a company that, under subsection 24(4), excludes from its fleet the engines or vehicles referred to in that subsection, a document that demonstrates that the number of engines or vehicles sold in the United States during a given period that are covered by an EPA certificate exceeds the number of those engines or vehicles sold in Canada during that period that are covered by the same EPA certificate; and (d) for a company referred to in subsection 33(4) that imports less than 100 engines or vehicles for a given model year, the number of engines or vehicles imported, for a period of eight years after the model year in question. Records retained on company’s behalf (2) If the records referred to in subsection (1) are retained on a company’s behalf, the company must keep a record of the name and civic address and, if different, the mailing address of the person who retains those records. Deadline to submit records when requested (3) If the Minister makes a written request for a record referred to in subsection (1) or (2), the company must submit it to the Minister in either official language (a) within 40 days after the day on which the request is made to the company; or (b) within 60 days after the day on which the request is made to the company, if the record must be translated from a language other than French or English.
Marine Spark-Ignition Engine, Vessel and Off-road Recreational Vehicle Emission Regulations — 38
Declaration — paragraph 155(1)(a) of Act 38 (1) A declaration referred to in paragraph 155(1)(a) of the Act must be signed by the importer, or their duly authorized representative, and must contain (a) the information described in paragraphs 37(1)(a) to (c) and subparagraph 37(1)(d)(i); (b) the identification number, if any, of the engine, vessel or vehicle being imported; (c) a statement that the engine, vessel or vehicle is to be used in Canada solely for the purposes of exhibition, demonstration, evaluation or testing; and (d) the day on which the engine, vessel or vehicle is to be removed from Canada or destroyed. When to file declaration (2) The declaration must be submitted to the Minister before the engine, vessel or vehicle is imported or, in the case of a company whose world production of engines, vessels and vehicles, combined, is at least 2,500 a year, quarterly, at the company’s option.
Marine Spark-Ignition Engine, Vessel and Off-road Recreational Vehicle Emission Regulations — 39
Subsection 153(2) of Act 39 A company that imports an engine, vessel or vehicle in reliance on subsection 153(2) of the Act must, before the importation, submit a declaration to the Minister, signed by its duly authorized representative, that contains the information described in paragraphs 37(1)(a) to (c) and subparagraph 37(1)(d)(i) along with (a) a statement from the manufacturer of the engine, vessel or vehicle that when the engine, or the main assembly of the vessel or the vehicle, is completed in accordance with instructions provided by the manufacturer, the engine, vessel or vehicle will conform to the standards prescribed under these Regulations; and (b) a statement from the company that the manufacture of the engine, or the completion of the main assembly of the vessel or vehicle, will be completed in accordance with the instructions referred to in paragraph (a).
Marine Spark-Ignition Engine, Vessel and Off-road Recreational Vehicle Emission Regulations — 40
Annual — 21% 40 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 an engine, vessel or vehicle is made available, is 21% of the manufacturer’s suggested retail price of the engine, vessel or vehicle.
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Application 41 A company applying under section 156 of the Act for an exemption from conformity with any standard set out in these Regulations must, before manufacturing or importing an engine, vessel or vehicle, submit the following information, in writing, to the Minister (a) its name and civic 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 of the standards from which an exemption is sought; (d) the duration requested for the exemption; (e) the estimated number of engines, vessels or vehicles for which the exemption is sought and an estimate of the changes in the level of emissions if the exemption is granted; (f) the grounds, based on any of paragraphs 156(1)(a) to (c) for the application, including technical and financial information that supports, in detail, those grounds; (g) if the grounds of the application is substantial financial hardship, (i) the world production of engines, vessels or vehicles manufactured by the company, or by the manufacturer of the model of the engine, vessel or vehicle that is the subject of the application, in the 12-month period that begins two years before the beginning of the exemption period that is requested, and (ii) the number of engines, vessels or vehicles manufactured for, or imported into, the Canadian market by the company in that 12-month period; and (h) if the company is requesting that information submitted be treated as confidential under section 313 of the Act, the reasons for the request.
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Label for exempt engines and vehicles 42 (1) If the Governor in Council has, by order, granted an exemption under section 156 of the Act in respect of a model of an engine, vessel or vehicle, all engines, vessels or vehicles of that model must bear a label that meets the requirements set out in subsections 7(3) and (4). Contents of label (2) That label must set out, in both official languages, the standard for which the exemption has been granted, as well as the title and date of the exemption order.
Marine Spark-Ignition Engine, Vessel and Off-road Recreational Vehicle Emission Regulations — 43
Contents of notice of defect 43 (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 following information: (a) the name of the company giving the notice; (b) the description of each engine, vessel or vehicle in respect of which the notice is given, including the make, model, identification number, model year, period of production and, if applicable, the EPA emission families; (c) the estimated percentage of the potentially affected engines, vessels or vehicles that contain the defect; (d) a description of the defect; (e) an evaluation of the pollution risk arising from the defect; (f) a statement of the measures to be taken to correct the defect; and (g) a description of the means available to the company to contact the current owner of each affected engine, vessel or vehicle. Contents of initial report (2) 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 that contains the following information: (a) the information required by subsection (1); (b) the number of engines, vessels or vehicles in relation to which the notice of defect has been given; (c) a chronology of all principal events that led to the determination of the existence of the defect; (d) a description of the measures taken to correct the defect; and (e) copies of all notices, bulletins and other circulars published 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 if necessary. Contents of follow-up reports (3) The company that gave the notice of defect must submit subsequent regular reports respecting the defect and the measures taken to correct it to the Minister, each of which must contain the following information: (a) the number, title or other identification assigned by the company to the notice of defect; (b) the number of engines, vessels or vehicles in relation to which the notice of defect has been given; (c) the date that notices of defect were given to the current owners of the affected engines, vessels or vehicles; and (d) the number or percentage of engines, vessels or vehicles repaired, and that required inspection only. Frequency of follow-up reports (4) Each subsequent regular report must be submitted (a) for engines, within 12 months after the submission of the initial report or a prior subsequent regular report, as the case may be; and (b) for vessels and vehicles, within six months after the submission of the initial report or a prior subsequent regular report, as the case may be.