On-Road Vehicle and Engine Emission Regulations — 35
35 (1) Subject to subsection (1.1), in the case of a vehicle or engine that is covered by an EPA certificate and that, as authorized by subsection 19(1), conforms to the certification and in-use standards referred to in the EPA certificate instead of the standards set out in sections 11 to 17, evidence of conformity for the purpose of paragraph 153(1)(b) of the Act in respect of a company shall consist of (a) a copy of the EPA certificate covering the vehicle or the engine and, in the case of a tractor that is equipped with an auxiliary power unit, a copy of the EPA certificate covering the unit; (b) one or both of the following: (i) a document demonstrating that the vehicles or engines covered by the EPA certificate are sold concurrently in Canada and the United States, (ii) a document demonstrating that the vehicle or engine 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 or the engine and any application for an amendment to that EPA certificate and any records submitted to the EPA to maintain that EPA certificate; (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 or engine in the form and location set out in (i) section 1807 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR for the applicable model year of light-duty vehicle, light-duty truck, medium-duty passenger vehicle, Class 2B vehicle or Class 3 vehicle, (ii) section 413 of Title 40, chapter I, subchapter C, part 86, subpart E, of the CFR for the applicable model year of motorcycle, (iii) section 35 of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR for the applicable model year of heavy-duty vehicle other than medium-duty passenger vehicles, Class 2B vehicles and Class 3 vehicles, and (iv) section 35 of Title 40, chapter I, subchapter C, part 86, subpart A, of the CFR for the applicable model year of heavy-duty engine; and (e) in the case of a tractor of a specific model year that is equipped with an auxiliary power unit, the U.S. engine information label that is permanently affixed to the auxiliary power unit in the form and location set out in (i) for the 2021 to 2023 model years, section 135 of Title 40, chapter I, subchapter U, part 1039, subpart B, of the CFR, and (ii) for the 2024 and later model years, section 699(k) of Title 40, chapter I, subchapter U, part 1039, subpart G, of the CFR. (1.1) For the purpose of paragraph 153(1)(b) of the Act, if it is impracticable for a company to obtain the evidence of conformity referred to in subparagraph (1)(b)(i) or (ii) in respect of a vehicle or engine referred to in subsection (1), the company shall obtain and produce evidence of conformity for the vehicle or the engine in a form and manner satisfactory to the Minister, instead of as specified in subsection (1), and submit that evidence to the Minister before importing the vehicle or the engine or applying a national emissions mark to it. (2) For the purpose of subsection (1), the U.S. emission control information label may be affixed to the vehicle or engine in any other form and location that may be specified in the CFR. SOR/2013-8, s. 16; SOR/2015-186, s. 43; SOR/2018-98, s. 70