GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
On-Road Vehicle and Engine Emission Regulations — 31
31 (1) Subject to subsection (8), a company may elect to exclude the group of vehicles in a fleet that are covered by an EPA certificate and that are sold concurrently in Canada and the United States from the requirement to meet the standards set out in section 21, 22 or 23, as the case may be, and from the NO X emission deficit calculations in respect of a fleet under section 28. (2) Subject to subsection (3), a company shall include in the group referred to in subsection (1) all of the vehicles of the fleet that are covered by an EPA certificate and that are sold concurrently in Canada and the United States. (3) A company shall not include in the group referred to in subsection (1) any vehicle that is covered by an EPA certificate and (a) in respect of which the total number of units sold in Canada exceeds the total number of units sold in the United States that are covered by the same EPA certificate; and (b) that conforms to a full useful life emission bin having a NOx standard that is greater than the applicable fleet average NOx standard for the model year in respect of which the election is made. (4) Subject to subsection (5), if a company makes an election under subsection (1), it shall calculate an average NOx value in accordance with section 24, with the necessary modifications, in respect of (a) the group that is subject to the election; and (b) the vehicles in the fleet that are not part of the group referred to in paragraph (a), if any. (5) A company may elect not to make the calculations referred to in subsection (4) for a group of vehicles described in paragraph (4)(a) or (b) if every vehicle in the group conforms to a full useful life emission bin having a NOx standard equal to or less than the fleet average NOx standard that would otherwise apply under section 21, 22 or 23, as the case may be. (6) If a company makes an election under subsection (5) the average NOx emission value for the group of vehicles of a fleet for which the election was made shall be the applicable fleet average NOx standard. (7) If a company makes the election referred to in subsection (1) and the average NOx value for the group that is subject to the election, calculated under paragraph (4)(a) exceeds the fleet average NOx standard that would otherwise apply under section 21, 22 or 23, as the case may be, the company shall (a) forfeit any NOx emission credits obtained in previous model years; and (b) not obtain any NOx emission credits in the model year in respect of which the election was made. (8) A company shall not make the election referred to in subsection (1) in respect of a model year in which it has transferred NO X emission credits to another company if the average NO X value calculated under paragraph (4)(a) for the group that is subject to the election exceeds the fleet average NO X standard that would otherwise apply under section 21, 22 or 23, as the case may be. SOR/2006-268, s. 8; SOR/2015-186, s. 36
On-Road Vehicle and Engine Emission Regulations — 31.1
+ NO X standards, the average NMOG + NO X value, calculated under paragraph (4)(a) for the group that is subject to the election, exceeds the fleet average NMOG + NO X standard that would otherwise apply under section 24.1, 24.2, 24.3 or 24.4; (b) in the case of cold NMHC standards, the average cold NMHC value, calculated under paragraph (4)(a) for the group that is subject to the election, exceeds the fleet average cold NMHC standard that would otherwise apply under section 24.6 or 24.7; or (c) in the case of evaporative emissions standards, the average evaporative emission value, calculated under paragraph (4)(a) for the group that is subject to the election, exceeds the fleet average evaporative emission standard that would otherwise apply under section 24.10. SOR/2015-186, s. 37
On-Road Vehicle and Engine Emission Regulations — 32.1
32.1 The following definitions apply in this section and sections 32.2 to 32.7 and 37.1. engine family [Repealed, SOR/2015-186, s. 39] family emission limit [Repealed, SOR/2015-186, s. 39] fuel tank permeation emissions means evaporative emissions resulting from permeation of fuel through the fuel tank materials. ( émissions par perméation du réservoir de carburant ) subfleet means motorcycles of a specific model year that have a family emission limit and that a company manufactures in Canada, or imports into Canada, for the purpose of sale to the first retail purchaser. Each of the following groupings of motorcycles constitutes a subfleet for the purpose of emissions averaging: (a) in respect of the applicable HC+NO x emission standard for all Class I and Class II motorcycles; (b) in respect of the applicable HC+NO x emission standard for all Class III motorcycles; (c) in respect of the fuel tank permeation emission standard for all motorcycles with a non-metal fuel tank. ( sous-parc ) SOR/2006-268, s. 9; SOR/2015-186, s. 39
On-Road Vehicle and Engine Emission Regulations — On-Road Vehicle and Engine Emission Regulations
engine family [Repealed, SOR/2015-186, s. 39]
On-Road Vehicle and Engine Emission Regulations — On-Road Vehicle and Engine Emission Regulations
family emission limit [Repealed, SOR/2015-186, s. 39]
On-Road Vehicle and Engine Emission Regulations — On-Road Vehicle and Engine Emission Regulations
fuel tank permeation emissions means evaporative emissions resulting from permeation of fuel through the fuel tank materials. ( émissions par perméation du réservoir de carburant )
On-Road Vehicle and Engine Emission Regulations — (a)
subfleet means motorcycles of a specific model year that have a family emission limit and that a company manufactures in Canada, or imports into Canada, for the purpose of sale to the first retail purchaser. Each of the following groupings of motorcycles constitutes a subfleet for the purpose of emissions averaging: (a) in respect of the applicable HC+NO x emission standard for all Class I and Class II motorcycles; (b) in respect of the applicable HC+NO x emission standard for all Class III motorcycles; (c) in respect of the fuel tank permeation emission standard for all motorcycles with a non-metal fuel tank. ( sous-parc )
On-Road Vehicle and Engine Emission Regulations — 32.2
32.2 (1) Subject to subsection (2), any motorcycle that does not conform to the applicable HC+NO x emission standard or fuel tank permeation emission standard set out in the section of the CFR that is referred to in paragraph 17(a) shall conform, as the case may be, to: (a) the applicable family emission limit for HC+NO x emissions; or (b) the family emission limit for fuel tank permeation emissions. (2) In any model year, the HC + NO X family emission limit applicable to an engine family shall not exceed the applicable family emission limit cap set out in section 449 of Title 40, chapter I, subchapter C, part 86, subpart E, of the CFR. (3) In any model year, a company’s subfleet may include motorcycles that conform to a family emission limit that is greater than the applicable HC+NO x emission standard set out in the section of the CFR that is referred to in paragraph 17(a) or subsection 17.1(2) or the fuel tank permeation emission standard set out in that section if (a) each motorcycle of a subfleet is covered by an EPA certificate, each motorcycle conforms to the family emission limit referred to in the EPA certificate and belongs to an engine family of which the total number of units sold in Canada does not exceed the total number of units sold in the United States; or (b) in respect of a subfleet that contains motorcycles that do not meet all of the criteria set out in paragraph (a), the average HC+NO x value or the average fuel tank permeation value, as the case may be, does not exceed the applicable HC+NO x emission standard set out in the section of the CFR that is referred to in paragraph 17(a) or subsection 17.1(2) or the fuel tank permeation emission standard set out in that section, in respect of (i) the subfleet, or (ii) the group of motorcycles within the subfleet that do not meet all of the criteria set out in paragraph (a). SOR/2006-268, s. 9; SOR/2015-186, ss. 40, 51(F)
On-Road Vehicle and Engine Emission Regulations — 32.3
32.3 (1) If a company’s subfleet includes one or more motorcycles that conform to a family emission limit that is greater than the applicable HC+NO x emission standard set out in the section of the CFR that is referred to in paragraph 17(a) or subsection 17.1(2), the company shall calculate the average HC+NO x value for the subfleet using the following formula: [Σ (A x B x C)] / [Σ (B x C)] where A is the applicable family emission limit, expressed to the same number of decimal places as the emission standard it replaced; B is the useful life of the engine family expressed in years or kilometres; and C is the number of motorcycles in the engine family. (2) If a company’s subfleet includes one or more motorcycles that conform to a family emission limit that is greater than the fuel tank permeation emission standard set out in the section of the CFR that is referred to in paragraph 17(a), the company shall calculate the average fuel tank permeation value for its subfleet in accordance with the following formula: [Σ (A x B x C x 365.24)] / [Σ (B x C x 365.24)] where A is the applicable family emission limit, expressed to the same number of decimal places as the emission standard it replaced; B is the useful life of the engine family expressed in years; and C is the number of motorcycles in the engine family multiplied by the average internal surface area of the motorcycles’ fuel tanks, where the average internal surface area is expressed in m 2 to at least three decimal places. (3) The average HC+NO x value and average fuel tank permeation value for a subfleet shall be expressed in g/km and g/m²/d, respectively, and be rounded to one decimal place. (4) When calculating the average HC+NO x value for a subfleet of the 2006 model year, a company may include all of its motorcycles of that model year, including those whose main assembly was completed before November 2, 2006. SOR/2006-268, s. 9; SOR/2013-8, s. 14; SOR/2015-186, s. 51(F)
On-Road Vehicle and Engine Emission Regulations — 32.4
32.4 (1) A company shall obtain HC+NO x emission credits in relation to a specific model year if (a) the average HC+NO x value in respect of a subfleet of Class III motorcycles of that model year is lower than the applicable HC+NO x emission standard for that class and model year; and (b) the company reports the credits in its end of model year report. (2) The HC+NO x emission credits, expressed in units of vehicle-grams, shall be calculated using the following formula, rounded to the nearest whole number: (A - B) x C x D where A is the applicable HC+NO x emission standard for the subfleet; B is the average HC+NO x value for the subfleet; C is the total number of motorcycles in the subfleet; and D is the useful life expressed in kilometres. (3) The HC+NO x emission credits for a specific model year are credited on the last day of that model year and may only be used by a company to offset an HC+NO x emission deficit that it incurred in the same model year as calculated in section 32.5. SOR/2006-268, s. 9
On-Road Vehicle and Engine Emission Regulations — 32.5
32.5 (1) If a company’s average HC+NO x value in respect of a subfleet of Class I and Class II motorcycles of a model year is higher than the applicable HC+NO x emission standard, the company shall calculate the value of the emission deficit it incurred in that model year. (2) The HC+NO x emission deficit for a subfleet of Class I and Class II motorcycles of a model year is the sum of the credits or deficits that would be generated for each class of motorcycle within the subfleet calculated using the formula set out in subsection 32.4(2), with any necessary modifications. SOR/2006-268, s. 9
On-Road Vehicle and Engine Emission Regulations — 32.6
32.6 (1) A company shall offset an HC+NO x emission deficit in the model year in which the deficit was incurred, no later than the day on which the company submits its end of model year report. (2) A company shall offset an HC+NO x emission deficit with an equivalent number of HC+NO x emission credits obtained in the same model year in accordance with section 32.4. SOR/2006-268, s. 9
On-Road Vehicle and Engine Emission Regulations — 32.7
32.7 (1) A company shall submit to the Minister an end of model year report, signed by a person who is authorized to act on behalf of the company, no later than May 1 after the end of each model year. (2) A company shall include the following in its end of model year report: (a) a statement that each Class I, II or III motorcycle, as the case may be, imported or manufactured in Canada, for sale in Canada, conforms to the applicable standards referred to in paragraph 17(a) or section 17.1, 19, 19.1 or 32.2; (b) in respect of each subfleet, a statement that (i) each motorcycle in the subfleet meets all of the criteria set out in paragraph 32.2(3)(a), or (ii) the subfleet contains motorcycles that do not meet all of the criteria set out in paragraph 32.2(3)(a) but the subfleet or the group of motorcycles referred to in subparagraph 32.2(3)(b)(ii) conforms to the emissions averaging requirements set out in paragraph 32.2(3)(b); and (c) for each class, the total number of motorcycles and their model. (3) In a model year during which any of the company’s subfleets includes one or more motorcycles that conform to a family emission limit that is greater than the applicable HC+NO x emission standard set out in the section of the CFR that is referred to in paragraph 17(a) or subsection 17.1(2) or the fuel tank permeation emission standard set out that section, the end of model year report shall contain the following information in respect of each subfleet: (a) the applicable HC+NO x emission standard and the fuel tank permeation emission standard; (b) the average HC+NO x value and the average fuel tank permeation value; (c) for each model of motorcycle, the values used in calculating the average HC+NO x value and the average fuel tank permeation value; (d) the total number of motorcycles in the subfleet; (e) the HC+NO x emission credits, if any, in that model year; and (f) the HC+NO x emission deficits, if any, in that model year. (4) If the company’s end of model year report contains the statement referred to in subparagraph (2)(b)(ii) in respect of a group of motorcycles, the report shall also contain the information required under paragraphs (3)(a) to (d), with any necessary modifications, with respect to the group of motorcycles described in subparagraph 32.2(3)(b)(ii). (5) A company that avails itself of an exemption referred to in section 17.1 shall include in its end of model year report (a) the number and class of motorcycles that it manufactured or imported under each exemption; (b) the total number of motorcycles that it manufactured or imported for sale in Canada during the model year; and (c) the number of employees of the company worldwide. SOR/2006-268, s. 9; SOR/2013-8, s. 15; SOR/2018-98, s. 68(F)
On-Road Vehicle and Engine Emission Regulations — 32.8
32.8 Any report that is required under these Regulations shall be submitted electronically in the format provided by the Minister, but the report shall be submitted in writing if (a) no format has been 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. SOR/2015-186, s. 41
On-Road Vehicle and Engine Emission Regulations — 33
33 (1) Every company shall ensure that written instructions respecting emission-related maintenance are provided to the first retail purchaser of every vehicle and that the instructions are consistent with the maintenance instructions set out for (a) light-duty vehicles, light-duty trucks, medium-duty passenger vehicles, Class 2B vehicles and Class 3 vehicles in section 1808 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR for the applicable model year; (b) motorcycles in section 411 of Title 40, chapter I, subchapter C, part 86, subpart E, of the CFR for the applicable model year; (c) heavy-duty vehicles other than medium-duty passenger vehicles, Class 2B vehicles and Class 3 vehicles in section 38 of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR for the applicable model year; and (d) tractors that are equipped with an auxiliary power unit, in respect of the unit, in section 125 of Title 40, chapter I, subchapter U, part 1039, subpart B, of the CFR. (2) The instructions referred to in this section shall be provided in English, French or both official languages, as requested by the purchaser. SOR/2006-268, s. 10(F); SOR/2015-186, s. 42; SOR/2018-98, s. 69
On-Road Vehicle and Engine Emission Regulations — 34
34 (1) In the case of a model of vehicle or engine in respect of which the Governor in Council has, by order, granted an exemption under section 156 of the Act: (a) a label shall be securely applied to the windshield or side window of every vehicle of that model or every vehicle equipped with the engine of that model; and (b) a label shall be permanently applied immediately beside the national emissions mark, or if there is no national emissions mark, in a location described in subsection 8(3) that is resistant to or protected against any weather conditions. (2) The labels referred to in subsection (1) shall set out, in both official languages, the standard for which the exemption has been granted, as well as the title and date of the order.
On-Road Vehicle and Engine Emission Regulations — 36
36 (1) For the purpose of paragraph 153(1)(b) of the Act, a company shall obtain and produce evidence of conformity for a vehicle or engine other than one referred to in section 35 or 35.1 in a form and manner satisfactory to the Minister instead of as specified in that section. (2) A company shall submit the evidence of conformity to the Minister before importing a vehicle or engine or applying a national emissions mark to it. SOR/2006-268, s. 11; SOR/2013-8, s. 17
On-Road Vehicle and Engine Emission Regulations — 36.1
36.1 For greater certainty, a company that imports a vehicle or engine or applies a national emissions mark to it under subsection 153(2) of the Act is not required to provide the evidence of conformity referred to in subsection 36(1) to the Minister before importing it or applying a national emissions mark to it, but must provide that evidence in accordance with subsection 153(2) before the vehicle or engine 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 an aboriginal government. SOR/2006-268, s. 11
On-Road Vehicle and Engine Emission Regulations — 37
37 (1) A company shall maintain records containing the following information for each of its fleets described in sections 21 to 23, 24.1 to 24.4, 24.6, 24.7 and 24.10: (a) the model year; (b) the applicable fleet average standard; (c) the average value achieved (i) in the case of NO X emissions, under section 24 or 25, (ii) in the case of NMOG + NO X emissions, under section 24.5 or 25.1, (iii) in the case of cold NMHC emissions, under section 24.8 or 25.2, and (iv) in the case of evaporative emissions, under section 24.11 or 25.3; and (d) all values used in calculating the average values referred to in subparagraphs (c)(i) to (iv). (2) For each vehicle in a fleet described in subsection (1), the company shall maintain records containing the following information: (a) the model and model year; (b) the applicable fleet average standard; (c) in the case of a vehicle covered by an EPA certificate, the applicable test group described in Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR; (d) the name and street address of the plant where the vehicle was assembled; (e) the vehicle identification number; (f) the emission standard to which the vehicle conforms; and (g) the name and street or mailing address of the first purchaser of the vehicle in Canada. SOR/2015-186, ss. 46, 47
On-Road Vehicle and Engine Emission Regulations — 37.1
37.1 A company shall maintain records containing the following information for each of its subfleets of motorcycles: (a) the model year; (b) all values used in calculating the average HC+NO x values and average fuel tank permeation values reported in its end of model year report; and (c) for each motorcycle in the subfleet, (i) the model, (ii) the name and street address of the plant where it was assembled, (iii) its vehicle identification number, and (iv) the name and street or mailing address of the first purchaser in Canada. SOR/2006-268, s. 13
On-Road Vehicle and Engine Emission Regulations — 38
38 (1) A company shall maintain, in writing or in a readily readable electronic or optical form (a) the records referred to in paragraph 153(1)(g) of the Act and the evidence of conformity referred to in paragraphs 35(1)(a) to (c), subsection 35(1.1), paragraphs 35.1(1)(a) to (c) and, if applicable, (e) and subsection 36(1) for a period of (i) at least eight years after the date of manufacture, for engines and vehicles, other than motorcycles, and (ii) at least six years after the date of manufacture, for motorcycles; (b) for light-duty vehicles, light-duty trucks and medium-duty passenger vehicles, in respect of each model year, the records referred to in section 37 and a copy of its end of model year report under section 32, for a period of eight years after the end of the model year; and (c) for motorcycles, in respect of each model year, the records referred to in section 37.1 and a copy of its end of model year report under section 32.7, for a period of three years after the due date of the end of model year report. (2) If the evidence of conformity and records referred to in subsection (1) are maintained on behalf of a company, the company shall keep a record of the name and street address and, if different, the mailing address of the person who maintains those records. (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 shall provide the Minister with the evidence of conformity, records or summary, in either official language, within (a) 40 days after the request is delivered to the company; or (b) if the evidence of conformity or records referred to in section 35, 35.1 or 36 must be translated from a language other than French or English, 60 days after the request is delivered to the company. SOR/2006-268, s. 14; SOR/2013-8, s. 18; SOR/2018-98, s. 71
On-Road Vehicle and Engine Emission Regulations — 38.1
38.1 If an EPA certificate referred to in section 19 or 19.1 is suspended or revoked, the company shall 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 and model year of the vehicles and engines that are covered by the EPA certificate or of the vehicles that are equivalent to a vehicle that is covered by the EPA certificate, as the case may be. SOR/2015-186, s. 48