GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations — 44
Use of credits — time limitations 44 (1) For the purposes of section 45, credits obtained by a company for an averaging set of heavy-duty vehicles or heavy-duty engines of a given model year may be used only in respect of the same averaging set of heavy-duty vehicles or heavy-duty engines of (a) a model year that is up to three model years before the model year for which the credits are obtained; or (b) a model year that is up to five model years after the model year for which the credits are obtained. Election — subsection 26(1.2) (2) Paragraph (1)(b) does not apply in the case of vocational vehicles in respect of which a company has made the election referred to in subsection 26(1.2). Exception — heavy-duty vehicles (3) Despite paragraph (1)(b), credits obtained by a company for an averaging set of vocational vehicles that are light heavy-duty vehicles or medium heavy-duty vehicles of the 2018 to 2021 model years may be used only in respect of the same averaging set of heavy-duty vehicles of any subsequent model year, ending with the 2027 model year. Exception — heavy-duty engines (4) Despite paragraph (1)(b), credits obtained by a company for an averaging set of medium heavy-duty engines or heavy heavy-duty engines of the 2018 to 2024 model years may be used only in respect of the same averaging set of heavy-duty engines of any subsequent model year, ending with the 2030 model year. SOR/2018-98, s. 47
Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations — 45
Deficits 45 (1) Subject to subsections (4) and (6), a company must use the credits obtained for an averaging set of heavy-duty vehicles or heavy-duty engines of a given model year to offset any outstanding deficits incurred for that averaging set. Remaining credits (2) Except in the case of an averaging set of vocational vehicles in respect of which a company has made the election referred to in subsection 26(1.2), a company may bank any remaining credits to offset a future deficit for that averaging set or it may transfer the remaining credits to another company. Credit multiplier (2.1) Credits obtained by a company for any of the averaging sets of the 2016 to 2020 model years referred to in paragraph (a) or (b) that are used to offset a deficit incurred for the same averaging set of the 2021 model year or a subsequent model year may be multiplied by (a) 1.36, in the case of the averaging sets referred to in paragraph (b), (e) or (f) of the definition averaging set in subsection 1(1); and (b) 1.25, in the case of the averaging set referred to in paragraph (a) of the definition averaging set in subsection 1(1). Offsetting (3) Subject to subsection (4), a company may offset a deficit that it incurs for an averaging set of heavy-duty vehicles or heavy-duty engines with an equivalent number of credits obtained in accordance with section 35 or transferred from another company for that averaging set. Transfer of credits (4) A company that obtains credits in accordance with sections 37 to 40 for an averaging set may transfer them to one of its other averaging sets to offset a deficit incurred in accordance with any of paragraphs 35 (1)(a) to (d) if the following conditions are met: (a) if the company obtained credits in accordance with section 37 , they are used to offset any deficits for other vehicles in that averaging set before transferring any remaining credits to other averaging sets; and (b) not more than 6 000 Mg of CO 2 emission credits per model year are transferred between any of the following groups of averaging sets: (i) averaging sets of spark-ignition engines, light heavy-duty engines that are compression-ignition engines and light heavy-duty vehicles, (ii) averaging sets of medium heavy-duty engines that are compression-ignition engines and medium heavy-duty vehicles, or (iii) averaging sets of heavy heavy-duty engines that are compression-ignition engines and heavy heavy-duty vehicles. Exception (5) The credit transfer limit between the groups set out in paragraph (4)(b) does not apply when the credits are used between the averaging sets of the engines and vehicles referred to in each of the subparagraphs of that paragraph. Offsetting deficits — time limit (6) A company must offset a deficit incurred for an averaging set of heavy-duty vehicles or heavy-duty engines of a given model year no later than the day on which the company submits the end of model year report in accordance with section 48 for vehicles or engines of the third model year after the model year for which the company incurred the deficit. SOR/2018-98, s. 48
Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations — 46
Acquisition or merger 46 (1) A company that acquires another company or that results from a merger of companies must offset any outstanding deficit of the purchased or merged companies. Ceasing activities (2) If a company ceases to manufacture, import or sell heavy-duty vehicles or heavy-duty engines, it must offset all outstanding deficits for its averaging sets before submitting its last end of model year report. SOR/2018-98, s. 49(F)
Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations — 47.1
Credits 47.1 (1) For the purposes of subparagraph 162(1)(b)(i) of the Act, a company obtains CO 2 emission credits if the CO 2 emissions for a fleet or subfleet, as the case may be, of full-aero box van trailers of a given model year are lower than the CO 2 emission standard applicable to the trailers of that fleet or subfleet, as the case may be, for that model year. Deficits (2) A company incurs deficits if the CO 2 emissions for a fleet or subfleet, as the case may be, of full-aero box van trailers of a given model year are higher than the CO 2 emission standard applicable to the trailers of that fleet or subfleet, as the case may be, for that model year. End of model year report (3) The company must report any credits obtained and any deficits incurred in its end of model year report in accordance with section 48. SOR/2018-98, s. 51
Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations — 47.2
Calculation 47.2 A company must calculate the credits or deficits for each of its fleets or subfleets, as the case may be, of full-aero box van trailers using the formula ECD = (A – B) × C × D × E 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 CO 2 ; A is the CO 2 emission standard under subsection 33.1(1) that applies to the trailers of the fleet or subfleet, as the case may be, expressed in grams of CO 2 per short ton-mile; B is the CO 2 family emission limit for the fleet or subfleet, as the case may be, expressed in grams of CO 2 per short ton-mile; C is the payload for the type of trailer, which is (a) 10 short tons for short box van trailers, and (b) 19 short tons for long box van trailers; D is the number of trailers in the fleet or subfleet, as the case may be; and E is 250,000 miles. SOR/2018-98, s. 51
Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations — 47.3
Calculation 47.3 (1) The credits or deficits for each averaging set of full-aero box van trailers are calculated by adding the credits obtained and deficits incurred for all fleets and, if applicable, subfleets of that averaging set. The credits and deficits must be added together before rounding and the result must be rounded to the nearest megagram of CO 2 . Date of credits or deficits (2) A company obtains credits or incurs deficits for an averaging set of full-aero box van trailers on the day on which the company submits the end of model year report for that model year. SOR/2018-98, s. 51
Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations — 47.4
Offsetting 47.4 (1) A company must use the credits obtained for an averaging set of full-aero box van trailers of a given model year to offset any outstanding deficits incurred for that averaging set. Deficits are offset by an equivalent number of credits. Use of credits — time limitations (2) Credits obtained by a company for an averaging set of full-aero box van trailers of a given model year may be used only to offset an outstanding deficit in respect of the same averaging set of full-aero box van trailers of a model year that is up to three model years before the model year for which the credits are obtained. The company must offset the deficit not later than the day on which the company submits the end of model year report in accordance with section 48. SOR/2018-98, s. 51
Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations — 47.5
Acquisition or merger 47.5 (1) A company that acquires another company or that results from a merger of companies must offset any outstanding deficit of the purchased or merged companies. Ceasing activities (2) If a company ceases to manufacture, import or sell full-aero box van trailers, it must offset all outstanding deficits for its averaging sets before submitting its last end of model year report. SOR/2018-98, s. 51
Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations — 48
section 28 and that it manufactures or imports for that model year and for the two previous model years. Additional information — emission credit transfers (9) The end of model year report must also contain the following information for each CO 2 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 for 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 of CO 2 . SOR/2015-186, s. 65; SOR/2018-98, ss. 52, 60
Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations — 50
Submission 50 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.
Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations — 51
Engine installation 51 (1) A company that manufactures or imports a heavy-duty engine must ensure that every engine that is installed in a vehicle in Canada is accompanied by documentation respecting the engine and emission controls or by the address of the place or the website where that documentation may be obtained. Contents (2) The documentation must contain the following information: (a) detailed installation procedures for the exhaust system, emission control system, aftertreatment devices and their components; (b) all necessary steps for installing any diagnostic system required under part 86 of Title 40, chapter I, subchapter C, of the CFR; (c) the limits on the types of use for the engine to ensure that the emission standards set out in these Regulations are complied with; and (d) for each engine configuration, the fuel map results and other information described in section 503 of Title 40, chapter I, subchapter U, part 1036, subpart F, of the CFR. Language (3) The documentation must be provided in English, French or both official languages, as requested by the installer. However, in the case of a fuel map input file used for running the GEM computer simulation model, if the installer requests that the fuel map input file be provided in French, it must be provided in both official languages. SOR/2018-98, s. 53 SOR/2022-204, s. 10
Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations — 52
Tire maintenance 52 (1) In the case of vocational vehicles, tractors and trailers, a company must ensure that the documentation respecting tire maintenance and replacement is provided to the first retail purchaser of every vehicle or trailer. Language (2) The documentation must be provided in English, French or both official languages, as requested by the purchaser. SOR/2018-98, s. 53
Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations — 53
Vehicle, engine or trailer covered by EPA certificate 53 For a heavy-duty vehicle, heavy-duty engine or trailer that is covered by an EPA certificate and that is sold concurrently in Canada and the United States or has a national emissions mark applied to it, evidence of conformity in respect of a company for the purposes of paragraph 153(1)(b) of the Act consists of (a) a copy of the EPA certificate covering the vehicle, the engine or the trailer and, if applicable, a copy of the evidence of the EPA approval concerning the vehicle, the engine or the trailer as referred to in paragraph 27(6)(a) or 33.1(4)(a), paragraph (a) of the description of A in subsection 40(1) or paragraph 41(2)(a), as the case may be; (b) one or both of the following: (i) a document demonstrating that the vehicles, the engines or the trailers covered by the EPA certificate are sold concurrently in Canada and the United States, (ii) a document demonstrating that the vehicle, the engine or the trailer 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, engine or trailer 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 or, in the case of a heavy-duty engine, a U.S. engine information label that is permanently affixed to the vehicle, the engine or the trailer in the form and location set out in (i) section 35 of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR, section 1807 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR and section 135 of Title 40, chapter I, subchapter U, part 1037, subpart B, of the CFR, for the applicable model year of the heavy-duty vehicle or trailer, and (ii) section 35 of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR and section 135 of Title 40, chapter I, subchapter U, part 1036, subpart B, of the CFR, for the applicable model year of the heavy-duty engine. SOR/2015-186, s. 66; SOR/2018-98, s. 53
Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations — 54
Paragraph 153(1)(b) of Act 54 (1) For the purposes of paragraph 153(1)(b) of the Act, a company must obtain and produce evidence of conformity for a heavy-duty vehicle, heavy-duty engine or trailer — other than one referred to in section 53 — in a form and manner satisfactory to the Minister. Submission of evidence of conformity (2) Subject to section 55, a company must submit the evidence of conformity to the Minister before importing a heavy-duty vehicle, heavy-duty engine or trailer or applying a national emissions mark to it. SOR/2018-98, s. 53
Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations — 55
Subsection 153(2) of Act 55 For greater certainty, a company that imports a heavy-duty vehicle, heavy-duty engine or trailer or applies a national emissions mark to it under subsection 153(2) of the Act must submit the evidence of conformity referred to in subsection 54(1) to the Minister before the vehicle, the engine or the trailer leaves the possession or control of the company and, in the case of a vehicle, before it is presented for registration under the laws of a province or of an Aboriginal government. SOR/2018-98, s. 53
Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations — 56
containing the following information for each heavy-duty engine in the fleets referred to in paragraph (1)(d): (a) the model year, the engine configuration and the fleet of the engine; (b) the date of manufacture; (c) the gross power; (d) the identification of the emission control system; (e) the CO 2 emission standard that applies to the engines of the fleet; (f) the engine family’s identification code; (g) the name of the engine manufacturer; (h) the unique identification number of the engine; (i) the deterioration factor and whether it constitutes a multiplicative deterioration factor or an additive deterioration factor, and the values and data used in calculating that factor; and (j) the name and the street or mailing address of the first retail purchaser of the engine in Canada. Contents — trailers (4) A company must maintain records containing the following information for each of its full-aero box van trailers in the fleets referred to in paragraph (1)(e): (a) the model year; (b) the type of trailer; (c) the CO 2 emission standard that applies to the type of trailer; (d) for a trailer that is covered by an EPA certificate, the trailer family’s identification code; (e) the name and street address of the plant where the trailer was manufactured; (f) the trailer’s identification number; (g) the CO 2 emission rate that applies to the trailer and the values and data used in calculating that rate; and (h) the name and the street or mailing address of the first retail purchaser of the trailer in Canada. SOR/2018-98, ss. 54, 60
Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations — 57
Evidence of number of engines sold 57 If subsection 13(7.1) or (8) applies in respect of a company’s heavy-duty engines, the company must maintain records demonstrating the number of heavy-duty engines sold in the United States that are of the same engine family. SOR/2018-98, s. 55
Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations — 58
Vocational tractor 58 For the purposes of section 28, in the case of a tractor that conforms to the emission standards applicable to vocational vehicles instead of those applicable to tractors, the company must maintain records demonstrating that the tractor is a vocational tractor. SOR/2018-98, s. 56
Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations — 59
Maintenance of records 59 (1) For heavy-duty vehicles, heavy-duty engines and trailers, a company must maintain in writing or in a readily readable electronic or optical form for each model year (a) a copy of the reports referred to in sections 48 and 49 for a period of at least eight years after the end of the calendar year that corresponds to the model year; (b) the evidence of conformity and records referred to in sections 53 and 54 for a period of at least eight years after the day on which the main assembly of the vehicle or manufacture of the engine or the trailer was completed; (c) the records referred to in sections 56 and 57 for a period of at least eight years after the end of the calendar year that corresponds to the model year; and (d) the records referred to in section 58 for a period of at least three years after the end of the calendar year that corresponds to the model year. Records maintained on behalf of company (2) If the copy of the reports, the evidence of conformity and the records referred to in subsection (1) are maintained on behalf of a company, the company must keep a record of the name, street address and, if different, the mailing address of the person who maintains those records. Time limits (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 day on which the request is delivered to the company; or (b) if the evidence of conformity or records referred to in section 53 or 54 must be translated from a language other than French or English, 60 days after the day on which the request is delivered to the company. SOR/2018-98, s. 57
Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations — 59.1
Information to be submitted 59.1 If an EPA certificate referred to in section 13 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, if applicable, and model year of the vehicles, engines and trailers that are covered by the EPA certificate. SOR/2015-186, s. 67; SOR/2018-98, s. 58
Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations — 60
Importation for exhibition, demonstration, evaluation or testing 60 (1) The declaration referred to in paragraph 155(1)(a) of the Act must be signed by the person referred to in that paragraph or their authorized representative and must contain (a) the importer’s name, email address, telephone number, street address and, if different, mailing address; (b) the name of the manufacturer of the vehicle, engine or trailer; (c) the expected date of the importation; (d) in the case of a vehicle, the vehicle’s class, make, model, model year and identification number; (e) in the case of an engine, a description of the engine; (f) in the case of a trailer, the trailer’s make, model year, identification number and model or, if there is no model, its type, length and axle configuration; (g) a statement that the vehicle, engine or trailer will be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing; and (h) the date on which the vehicle, engine or trailer will be removed from Canada or destroyed. Filing of declaration (2) The declaration must be filed with the Minister (a) before the import of the vehicle, engine or trailer; or (b) in the case of a company whose annual world production of vehicles, engines or trailers is 2500 or more, as described in paragraph (a) or quarterly. SOR/2018-98, s. 59
Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations — 61
Annual rental rate 61 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, engine or trailer is made available, is 21% of the manufacturer’s suggested retail price of the vehicle, engine or trailer. SOR/2018-98, s. 59