On-Road Vehicle and Engine Emission Regulations — 17.2
17.2 (1) Subject to subsection (3), for the purposes of subparagraphs 12(a.1)(i) and 13(a.1)(i), the particulate matter exhaust emission standards set out in section 1811 or 1816 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, as the case may be, apply to a percentage of a company’s vehicles referred to in section 12 or 13 of a specific model year, in accordance with subsection (5) or (6). (2) For the purposes of subsection (1), a company shall group its vehicles together as follows: (a) in the case of the vehicles referred to in section 12 (i) for the 2017 model year, all of its light-duty vehicles and light light-duty trucks of that model year, and (ii) for the 2018 and later model years, all of its light-duty vehicles, light-duty trucks and medium-duty passenger vehicles of the model year in question; and (b) in the case of the vehicles referred to in section 13, for the 2018 and later model years, all of its Class 2B vehicles and Class 3 vehicles of the model year in question. (3) For the 2017 to 2021 model years, a company shall calculate the percentage of its vehicles of a specific model year in a given group that conform to the standards referred to in subsection (1) unless each vehicle in the group (a) is covered by an EPA certificate, conforms to the particulate matter exhaust emission standards referred to in the EPA certificate and is of a model that is sold in greater numbers in the United States than in Canada; or (b) conforms to the particulate matter exhaust emission standard set out in Table 1 in section 1811 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR or Table 1 in section 1816 of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, as applicable, whether or not it is covered by an EPA certificate. (4) In determining the number of vehicles of a given group that are to meet the particulate matter exhaust emission standards referred to in subsection (1), in accordance with the applicable percentage, a company may exclude from the group all of its vehicles that are covered by an EPA certificate and that are of a model that is sold in greater numbers in the United States than in Canada. (5) Subject to subsection (6), the percentage of vehicles of a specific model year in a given group that conform to the applicable particulate matter exhaust emission standards shall be greater than or equal to the percentage set out in column 2 of the table to this subsection for the applicable model year set out in column 1. TABLE Phase-in Percentages — General Approach Column 1 Column 2 Item Model Year Percentage 1 2017 20 2 2018 20 3 2019 40 4 2020 70 5 2021 and later 100 (6) A company may elect not to comply with subsection (5) for the 2017 to 2020, 2018 to 2020 or 2019 to 2020 model years if (a) the total percentage of vehicles of the group for all of the applicable consecutive model years set out in column 1 of the table to this subsection that conform to the particulate matter exhaust emission standards is greater than or equal to the percentage set out in column 2 for those consecutive model years; and (b) the company notifies the Minister of its election before January 1 of the calendar year that corresponds to the first of the applicable consecutive model years set out in column 1 of the table to this subsection. TABLE Phase-in Percentages — Alternate Approach Column 1 Column 2 Item Consecutive Model Years Percentage 1 2017 to 2020 38 2 2018 to 2020 44 3 2019 to 2020 55 (7) For greater certainty, all companies shall comply with subsection (5) for the 2021 and later model years. SOR/2015-186, s. 16